Law 34/1998, of 7 October, of the Hydrocarbons Sector, in its Title IV, establishes the basis for introducing competition in the gas sector, as well as a new market model. In its second final provision, the Law provides that the Government, in the field of its powers, shall adopt by Royal Decree the rules for the development of the Law.

Given the importance of the reforms introduced in this Law, its development is necessary to respond to the new situations that are occurring in the gas market. On the one hand, the number of agents involved has increased considerably and from 1 January 2003 any consumer will be able to choose a supplier, which makes it essential to regulate different aspects of the action. of the different subjects acting on the market.

In this context, the present Royal Decree aims to complete the regulatory framework in which activities related to the natural gas sector must be developed and comprises three basic aspects. On the one hand, the requirements necessary for the various activities (transport, distribution and marketing) are determined; on the other hand, the aspects related to supply are regulated, and, finally, all aspects of the the procedure for the administrative authorisation of gas installations.

The Royal Decree regulates all aspects related to the requirements relating to accreditation of the legal, technical and economic capacity that companies must comply with to exercise the activities of transport, distribution and the marketing of natural gas, as well as the rights and obligations of natural gas, which will certainly allow a clear framework of relations between the different subjects acting in the supply of natural gas and will favour a business structure in line with the economic importance of the sector considered to be of general economic interest.

As far as supply is concerned, all the relations between gas companies and consumers are developed, both on the regulated market and on the liberalised market. In this Title, the regulation of the affected and other actions necessary for a new supply, supply contracts on the regulated market, the causes of supply suspension, quality of service and the procedures for the change of supplier. This latter aspect is of particular relevance to the proper functioning of a fully liberalised market, which requires maximum security, ease and speed in the change of supplier, a key element for the development of a market competitive.

In relation to the procedures for authorization of installations, in a sector in strong investor process, it is a matter of combining legal certainty with the necessary agility of the administrative procedures, posing procedures to avoid duplicity of actions in relation to environmental issues and to ensure as far as possible the concurrency in facilities subject to compulsory planning.

Finally, the procedures for registration in the administrative registers are regulated, as well as the necessary participation of the Autonomous Communities for the updating and maintenance of the same.

As provided for in the final provision of Law 34/1998, of the Hydrocarbons Sector, this rule is of a basic nature, in accordance with Article 149.1.13.^a and 25.^a of the Constitution, which attributes to the State exclusive competences on the basis and coordination of the overall planning of economic activity and on the basis of the energy regime.

According to the third paragraph of the third paragraph of Law 34/1998 of 7 October of the Hydrocarbons Sector, this Royal Decree has been submitted to the National Energy Commission for a mandatory report.

In its virtue, on the proposal of the Second Vice President of the Government for Economic Affairs and Minister of Economy, according to the Council of State and after deliberation of the Council of Ministers at its meeting on December 27 of 2002,

D I S P O N G O:

TITLE I

General provisions

Article 1. Object.

This Royal Decree aims to establish the legal regime applicable to the activities of regasification, storage, transportation, distribution and marketing of natural gas for its supply by channeling, and the relations between the various subjects developing them, by establishing the necessary measures to ensure this activity of general economic interest to all final consumers, without prejudice to the relevant powers to the Autonomous Communities and Cities of Ceuta and Melilla.

The system of authorization for all installations linked to the gas activities, the competence of the General Administration of the State and the procedure of registration in the various administrative records provided for in Law 34/1998 of 7 October of the Hydrocarbons Sector.

The provisions of this Royal Decree will also apply to the distribution of the combustible gases referred to in Article 56 of Law 34/1998 of 7 October of the Hydrocarbons Sector.

Article 2. Activity regime.

The activities of regasification, strategic storage, transportation and distribution of natural gas are regulated and must be carried out by commercial companies that have as their exclusive social object the development of the same, without prejudice to the possibility of sale at a recognised tariff to distributors and sale at the disposal price of the hauliers to distributors for the regulated market.

The System Technical Manager will be the carrier that holds the majority of the installations of the basic natural gas network. The entity "Enagas, Sociedad Anonima", will have the consideration of Technical Manager of the gas system, in accordance with the provisions of the additional twentieth of Law 34/1998, of 7 October, of the Sector of Hydrocarbons.

The marketing activity will be exercised freely under the terms of Law 34/1998 of 7 October of the Hydrocarbons Sector and development provisions, and its economic regime will be determined by the conditions to be agreed between the parties. Companies engaged in the marketing of natural gas shall have as their sole social object in the gas sector such activity, not being able to carry out regasification, storage, transport or distribution activities.

TITLE II

Natural gas transportation, distribution, and marketing activities

CHAPTER I

Natural gas transportation

Article 3. Transport activity.

1. For the purposes set out in this Royal Decree, the following activities shall be considered as natural gas transport activities:

(a) The transport of natural gas by the interconnected network consisting of the facilities specified in paragraphs (a), (d), (e), (f), (g) and (h) of the following Article, in order to supply the distributors or, in their the case, to final consumers, as well as to attend to international exchanges.

b) The regasification of liquefied natural gas intended to supply the transport network, and the liquefaction of natural gas.

c) The storage of natural gas that can supply the gas system.

d) The sale of natural gas to the market at tariffs.

2. The transport activity shall be carried out by the carriers, which are the legal persons holding facilities for the regasification of liquefied natural gas, liquefaction, transport or natural gas storage.

Article 4. Transportation facilities.

1. The following shall be considered for transport facilities:

(a) The natural gas primary transport pipelines at high pressure, considering as such those whose maximum design pressure is equal to or greater than 60 bar.

b) Liquefied natural gas regasification plants that can supply the gas system and natural gas liquefaction plants.

c) The strategic natural gas storage that can be supplied to the gas system.

d) Basic network connections with natural gas fields inside or with storage.

e) The international connections of the Spanish gas system with other systems or with storage on the outside.

f) Secondary transport networks, which are those formed by pipelines with a maximum design pressure of less than 60 and greater than 16 bar.

g) Those other facilities which, as a result of the process of planning the natural gas transport network, the Ministry of Economy, prior to the report of the National Energy Commission, determine that they fulfil functions of transport.

(h) Likewise, all those communications assets, electrical supply, protection, control, ancillary services, land, buildings, control centres and other assets are considered to be constituent elements of the transport network. ancillary elements necessary for the proper functioning of the specific installations of the transport network defined above.

2. For the purposes of this Royal Decree, the Technical Manager of the System will propose to the Directorate General of Energy Policy and Mines of the Ministry of Economy, according to the needs of the system, the inclusion of a new installation or the increase in capacity of an existing installation, of the Basic Network, who will resolve the report of the National Energy Commission.

Article 5. Requirements of the subjects for the exercise of the transport activity.

1. The persons who perform or are to carry out the activity of natural gas transport must sufficiently demonstrate compliance with the requirements that are determined in the following points of this article in terms of their legal, technical and technical capacity. and economic-financial for the performance of its activity.

2. In order to establish their legal capacity, the entities carrying out the transport activity must take the form of commercial companies of Spanish nationality, or, where appropriate, of another Member State of the European Union with a permanent in Spain.

In addition, those companies that hold facilities in the basic natural gas network as defined in point 2 of Article 59 of Law 34/1998 of 7 October of the Hydrocarbons Sector must have as their sole social object in the the transport activity as defined in paragraph (a) of Article 58 of that Law 34/1998, which may include among its natural gas pipelines of the secondary transport network.

3. In order to demonstrate the technical capacity, the subjects to be carried out the transport activity must present an explanatory memorandum, detailing the plans and systems, as well as the technical and personal means to be put to the service and maintenance of the facilities, detailing those dedicated to the construction, management and maintenance of the facilities.

In any case, sufficient accredited technical capacity shall be considered when any of the following requirements are met:

(a) Have exercised the transport activity directly or through a subsidiary which has acted as an operator for at least the last three years.

b) Contar among its shareholders with at least one partner participating in the share capital with a percentage equal to or greater than 25 per 100 and who can credit their experience in the activity for the last three years.

4. The economic capacity of the institution may be credited by providing the documentation to ensure its economic and financial viability.

In any event, the economic capacity shall be deemed to be sufficient if the applicant company has own resources affecting the transport activity in excess of the greater than the following amounts: 5,000,000 or 25 per 100 of the budget of the new installations you intend to make.

The Minister of Economy will be able to update those amounts by Ministerial Order.

Article 6. Rights and obligations of carriers.

1. The carriers will have the rights and obligations set out in this article, in addition to the rights and obligations related to third party access, collected in Royal Decree 949/2001 of 3 August, which regulates access to Third parties to gas installations and an integrated economic system of the natural gas sector, and Law 34/1998 of 7 October of the Hydrocarbons Sector.

2. Holders of natural gas transport facilities shall have the following rights:

a) Elevate proposed System Technical Manager to extend transport facilities.

b) Participate in the procedures for the award of new facilities through the procedures provided for in this Royal Decree.

(c) Receive remuneration for the exercise of their activity within the gas system through the regulatory procedure.

d) Require that the facilities connected to the facilities of their property meet the technical conditions established and be used appropriately.

e) To receive from other system subjects the information necessary for the exercise of their functions.

f) Reading the consumption at the end points, in cases where there is no other unit of measurement from the network of your property to the client installation.

3. Holders of natural gas transport facilities shall have the following obligations:

(a) Build and operate its natural gas facilities and complementary facilities in accordance with the applicable provisions and with the requirements set out in the relevant administrative authorisations for construction and operation of the facilities, providing the service on a regular and continuous basis, with the quality levels to be determined and maintaining the facilities in the appropriate conditions of conservation and technical suitability.

b) Operate and maintain the facilities of your property in accordance with the System Technical Management Standards and the instructions and guidelines provided by the System Technical Manager.

c) Facilitate the use of their facilities for natural gas transits relating to access to the networks.

d) Facilitate the connection to their facilities by other facilities holders or qualified consumers, in accordance with the provisions set out in this Royal Decree.

e) To provide the Technical System Manager with the necessary structural and operational information for the supervision and control of the system, as well as the characteristics of its relevant facilities, for use in the system development and extension of the transport network, as well as for its public awareness.

(f) Ensure the confidentiality of confidential information which has been made available to the various subjects, in accordance with the relevant operating procedures.

g) Register in the Administrative Registry of Gas Carrier Facilities all those transportation, storage, and regasification facilities that have been authorized to be holders.

h) Communicate the Ministry of Economy, the National Energy Commission and the relevant administrations with the information on quality of service, as well as any information related to the activity they develop within the natural gas sector.

i) Where appropriate, comply with minimum security stock maintenance obligations, and contribute to the diversification of supplies in accordance with current regulations.

j) To keep separate accounts of gas regasification, storage, transportation, and purchase activities in your accounts.

Also, the System Technical Manager will take separate accounts of the system's technical management activity.

k) Maintain an operating system that ensures permanent attention and resolution of incidents, which as a matter of urgency can be presented in the transport networks.

l) Ensure security of supply for the market at rates, by subscribing to procurement contracts and by ensuring the necessary capacity to serve the market.

m) Dispose and keep up to date, regardless of other policies that may exist, a liability insurance policy for a sufficient amount to cover the risks that, for persons and property, may be derived from the activities carried out.

CHAPTER II

Distribution

Article 7. Distribution activity.

1. The distribution activity is that which aims at the transmission of natural gas from the transport networks to the supply points in the appropriate quality conditions, as well as the sale of natural gas to consumers rate.

2. The distribution activity shall be carried out by the distributors, which are those legal persons, operators of distribution facilities, which, together with the legal, technical and economic capacity detailed in this provision, they have the function of distributing natural gas, as well as building, maintaining and operating the distribution facilities to place the gas in the consumption points, in the terms provided for in Law 34/1998, of 7 October, of the Sector of Hydrocarbons.

Article 8. Distribution facilities.

They will have the consideration of natural gas distribution facilities for pipelines with maximum design pressure equal to or less than 16 bars and those that, regardless of their maximum design pressure, have as their object driving the gas to a single consumer, on the basis of a pipeline from the basic or secondary transport network.

In addition, all those assets of the communications network, electricity supply, protection, control, auxiliary services, land, buildings and buildings will be considered as constituting elements of the distribution network. other ancillary elements, in the part intended exclusively for the proper operation of the specific installations of the distribution networks defined above, including control centres on all parts and components affecting the distribution facilities.

They will also have the condition of distribution facilities for the liquefied natural gas satellite plants that feed a distribution network.

Article 9. Requirements of the subjects for the exercise of the distribution activity.

1. The persons who perform or are to carry out the natural gas distribution activity shall have sufficient proof of compliance with the requirements laid down in the following points of this Article as regards their legal capacity, technical and economic-financial for the performance of its activity.

2. In order to prove their legal capacity, the entities carrying out the distribution activity must take the form of public limited companies of Spanish nationality, or, where appropriate, of another Member State of the European Union with permanent establishment in Spain.

Such companies shall not be able to directly develop natural gas marketing activities, nor to be operators of the basic natural gas network.

3. In order to establish their technical capacity, the companies which aim to carry out the distribution activity must present an explanatory memorandum to the plans and systems, as well as the technical and personal resources to be put to the service of the distribution activity, detailing those dedicated to the construction, putting in service and maintenance of the facilities, the services of control and emergency care, and the services of attention of complaints, billing and charging to customers.

In any event, the technical capacity of the entities performing the distribution activity shall be deemed sufficiently accredited when any of the following requirements are met:

(a) You have exercised the distribution activity directly or through a subsidiary that has acted as an operator for at least the last three years.

(b) Count among its shareholders with at least one partner participating in the share capital with a percentage equal to or greater than 25 per 100 and which can credit its experience for the last three years in the business of distribution.

4. The economic capacity of the institution may be credited by providing the documentation to ensure the economic and financial viability of the projects.

In any event, the economic capacity shall be deemed to be sufficient if the applicant company has own resources of its own distribution activity above the largest of the following amounts: 1,000,000 or 50 per 100 of the budget of the new facilities you intend to make.

The Minister of Economy will be able to update those amounts by Ministerial Order.

Article 10. Obligations and rights of distribution companies.

1. The distribution companies will have the rights and obligations set out in this article, in addition to the rights and obligations related to the access of third parties, collected in Royal Decree 949/2001 of 3 August, for which the Third-party access to gas installations and an integrated economic system of the natural gas sector, and Law 34/1998 of 7 October of the Hydrocarbons Sector.

2. The rights of distribution companies shall be:

(a) The recognition by the Administration of remuneration for the exercise of its regulated activity.

b) Acquire the carrier whose network is connected, either directly or indirectly through another distributor, the natural gas required to meet the supply of its customers at rates.

c) Connect to the transport network or the maximum design pressure distribution network of more than 4 bar with sufficient capacity to access the natural gas supply needed to meet the demand corresponding to its area of authorisation, in accordance with Article 12.

d) Require that the facilities connected to the facilities of their property meet the technical conditions established and be used appropriately.

e) Receiving information for the exercise of their functions from other system subjects.

3. The obligations of distribution companies shall be:

(a) Maintain compliance with the requirements for the exercise of the activity, in accordance with the provisions of Article 9 of this Royal Decree.

b) Supply natural gas to consumers at a rate.

c) Perform their activities in the form authorized and in accordance with applicable provisions, providing the distribution service on a regular basis and continuing with the quality levels to be established.

d) Build and exploit its natural gas distribution networks and complementary facilities in accordance with the applicable provisions and with the requirements set out in the relevant administrative authorisations of construction and operation of the facilities, and in accordance with the projects for the construction and development of the network approved in the geographical area defined in the said authorisation.

(e) Proceed for the extension of the distribution facilities in their geographical scope, as provided for in the corresponding administrative authorizations, in order to meet the new demands for gas supply natural, as well as in line with the forecasts contained in the annual plans for the extension of the authorised distribution networks.

f) Operate and maintain your distribution networks.

g) Proceed, by itself or through third parties, to the reading of the counters of all consumers connected to its facilities, and to give the details of these readings to the corresponding marketers. In addition, the reading data aggregated by rates or tolls and by marketers shall be communicated to the Technical Manager of the System and to the carrier supplying the gas, with the necessary detail for the application of the tolls and charges and the realization of the network balance.

h) Maintain an operating system that ensures permanent attention and resolution of incidents that, as a matter of urgency, can be presented in the distribution networks and in the receiving facilities of consumers at rate.

i) Communicate to the Ministry of Economy, the competent administration and the National Energy Commission information on prices, consumption, invoices and sales conditions applicable to consumers, distribution of consumers and corresponding volume by categories of consumption, which are established or have been established.

j) Communicate the Ministry of Economy, the National Energy Commission and the relevant administrations with the information on quality of service, as well as any other information related to the activity that develop within the natural gas sector.

(k) Laid the demands for new supplies and the extension of existing ones, irrespective of whether they are supplies at a rate or of qualified consumers, in the areas in which they operate, without prejudice to the application of the system of aid set out in this Royal Decree.

Where there are several distributors whose facilities are liable to supply new supplies and none of them decides to undertake the work, the competent authority shall determine which of these distributors shall to be carried out on the basis of lower cost criteria and greater economic rationality.

(l) Distributor companies must carry a database of consumers connected to their facilities, in which the data listed in Article 43 of this Royal Decree shall be included. The companies concerned must submit to the Directorate-General for Energy Policy and Mines the corresponding bodies of the Autonomous Communities concerned and the National Energy Commission annually, a summary of the said database, with the corresponding data presented according to tariffs, tolls, etc.

The General Directorate of Energy Policy and Mines may set the minimum requirements for information and data models to be included in the models.

m) Inform and advise consumers at the time of hiring on the maximum daily rate and flow to hire more convenient to their needs.

n) Distributor companies must make available to marketers who supply gas to users connected to their facilities the date on which users who, in accordance with current legislation, must conduct inspection of the facilities.

n) Carry out the pre-test tests at the beginning of the supply of the consumers connected to their networks in the case of new installations and in the case of modifications or extensions of the same ones that are defined as regulations.

o) Perform inspection visits to the receiving facilities of their users with the periodicity defined regulentarily.

p) To keep separate accounts of the distribution and supply activities to customers at the internal accounts and to send to the Ministry of Economy and the National Energy Commission an annual report. to include the new facility authorisations, as well as the relevant changes to their activity.

q) Be enrolled in section 1.^a of the Ministry of Economy's Register of distributors, marketers and qualified consumers.

r) Provide interested subjects with information regarding the location of their existing facilities.

s) Carry out periodic inspection of the common part of the receiving facilities for those consumers who are connected to their facilities.

t) Control that consumers returning from the free market to the tariff regime meet the requirements set out in the fifth transitional provision of Law 34/1998 of 7 October of the Hydrocarbons Sector.

u) Dispose and keep updated, regardless of other policies that may exist, a liability insurance policy for a sufficient amount to allow you to cover the risks that, for persons and property, may be derived from the activities carried out.

Article 11. Requirements for distribution facilities.

The design, construction, commissioning, operation, review and maintenance of the distribution facilities will comply with the technical and security regulations that apply to them.

Distribution networks must be sized with sufficient capacity to meet the demand, taking into account the forecasts of their growth in the area.

Article 12. Vendor connection to the transport or distribution networks.

1. Distribution networks should preferably be fed from a transport network, and may also be fed from another maximum design pressure distribution network of more than 4 bars, provided that it has sufficient supply capacity, taking into account technical and economic rationality criteria.

2. In order to ensure the supply of gas to the distribution networks, the distributor shall consult the carrier or the distributor on the availability of gas flows and appropriate pressures at the delivery points of the gas.

For purposes, distributors wishing to connect to a transport or distribution network, of maximum design pressure greater than 4 bar, of gas, shall send to the carrier or distributor an application for connection to the the transport network, indicating the expected gas flow rates. The costs corresponding to that connection shall in any case be borne by the requesting distributor.

The carrier or the distributor shall have a period of forty working days to reply to the request, indicating the most appropriate connection point, the technical connection conditions, the pressures available at the point delivery, costs necessary to make the connection and execution time.

3. In the event of discrepancies with respect to the said connection, between distributor and carrier or distributor, the actions produced to the National Energy Commission may be increased, in order to resolve within three months, when the competition it is the responsibility of the General Administration of the State, or, where appropriate, the competent authority of the relevant Autonomous Community to settle within three months.

CHAPTER III

Marketing Activity

Article 13. Definition.

The natural gas marketing activity will be developed by the duly authorized marketing companies that, by accessing the transportation and/or distribution facilities, have as a function the sale of gas natural to consumers who have the status of qualified and other marketers.

By virtue of Article 60.2 of Law 34/1998, of the Hydrocarbons Sector, the marketing will be freely exercised in the terms provided for in that Law, and its economic regime will be determined by the conditions that agreed between the parties, including any supply-related services that would result in a billing and charging right for the marketer.

Article 14. Requirements necessary to perform the marketing activity.

1. The persons who wish to carry out the activity of marketing natural gas shall have sufficient proof of their legal, technical and economic capacity for the exercise of their activity. They must also certify that they have the capacity to secure the supply.

2. In order to establish their legal capacity, the entities carrying out the marketing activity must take the form of commercial companies of Spanish nationality, or, where appropriate, of another Member State of the European Union with a permanent in Spain, not being able to directly develop regulated activities of regasification, storage, transportation or distribution of natural gas.

3. Technical capacity may be accredited by compliance with any of the following requirements:

(a) The presentation of an explanatory memorandum detailing and justifying the technical and personal means to be put at the service of the marketing activity, as well as the control and attention services of urgencies, claims care services, facility inspection services, billing, measurement, and customer collection.

(b) Have been engaged in the distribution or marketing of gas or electricity for at least the last three years.

(c) Count among its shareholders with at least one partner participating in the share capital with a percentage equal to or greater than 25 per 100 and which can credit its experience over the last three years in the activities of distribution or marketing of gas or electricity.

4. The economic capacity of the institution may be credited by providing the documentation to ensure its economic and financial viability in accordance with the business plans of the company.

To prove this requirement, you must describe the financial program, in which you detail the own and other means for the development of your activity, contributing to this effect the supporting documentation appropriate.

In any event, the economic capacity shall be considered sufficiently accredited when it has, at the time of application for the authorization of the marketing activity, of a capital, affected the activity, of at least 2,000,000 of euro, fully disbursed. Subsequently, when applying for future carryovers of the marketing activity, it must submit, together with the request for an extension, the memory of the activities carried out in the last five years, as well as the sales forecasts in the Next exercises. Depending on the level of activity carried out and planned, the company's capital must be adjusted to the greater of the following amounts: EUR 2,000,000 or 1 per 100 of the average turnover of the company in the last two exercises.

5. Companies that want to carry out the natural gas marketing activity must prove that they have the capacity to meet the gas demands of their customers, without being able to produce supply constraints beyond situations. extraordinary.

To do so, you must credit the existence of contracts, pre-contracts or guarantees of supply of a gas supplier that can be used to cover the intended marketing activities, ensuring the necessary diversification of their supplies.

Article 15. Competence for the authorisation of the marketing activity.

Those legal entities that want to act as natural gas marketers will have to have prior administrative authorization.

The authorization of the merchandising activity is granted to:

(a) The General Directorate of Energy Policy and Mines of the Ministry of Economy, when the activity is to be carried out throughout the national territory or in more than one Autonomous Community. The authorization shall be granted upon application by the person concerned, by means of a Resolution to be published in the "Official State Gazette".

(b) The energy competent authority of the Autonomous Community concerned when the activity is to be carried out exclusively within the territorial scope of a single Autonomous Community. The competent authority of the Autonomous Community within one month shall transmit a copy of the authorization and the complete file to the Directorate General of Energy Policy and Mines of the Ministry of Economy, for registration in the Register Distributor, Marketers and Qualified Consumers Administrative. The Resolution, in this case, will be published in the "Official Gazette" of the corresponding Autonomous Community.

Article 16. Administrative authority.

1. The applicant for the administrative authorisation for the development of the marketing activity shall submit to the competent authority the following documentation

a) Writing of the company's constitution duly registered in the Mercantile Register.

b) Certification that the company is discharged from the Economic Activities Tax.

c) Accreditation of the legal, technical and financial capacity of the company in accordance with Article 14.

d) The description of the medium-term forecast of its activities, indicating the services to be provided to its customers and the material and personal means placed at the service of the marketing activity which guarantee the compliance with their obligations as a marketer.

e) The territorial scope for which authorization is requested.

g) Financial programme detailing the own or other means by which the applicant counts for the development of its activity.

(h) Contracts, pre-contracts or supply guarantees for gas suppliers that are intended to be used to cover the intended marketing activities.

In any case, the interested party may be asked for further documentation necessary to prove the due legal, technical or economic capacity of the company.

2. The administration responsible for granting the authorization, in the light of the documentation submitted and the additional information which it may specify, shall give a reasoned decision, granting or refusing the authorization, whether or not the authorization is granted. necessary requirements, in accordance with the provisions of Law 34/1998, of the Hydrocarbons Sector, and in this provision.

3. The application for authorisation shall be deemed to be refused if it does not recuse and is notified to the express resolution within three months of the date of its submission.

4. In cases where the authorization is granted by the General Directorate of Energy Policy and Mines of the Ministry of Economy, the authorized marketer will be registered as a trade in the Registry of Distributors, Dealers and Consumers. Qualified gaseous fuels by pipeline.

5. In the event that the authorisation is granted by the energy competent authority of an Autonomous Community, the marketing undertaking shall be entered in the Register of Distributors, Traders and Qualified Consumers, once the received by the Ministry of Economy the documentation submitted by the Autonomous Community.

6. Under no circumstances shall the authorisation be deemed to be granted under a monopoly, nor shall it recognise exclusive rights.

Article 17. Validity of the authorisation and extensions.

The authorization to exercise the natural gas marketing activity will have an indefinite validity.

Annually, within the first quarter of each year, the companies authorized to carry out the marketing activity shall submit to the competent authority the supporting documentation that they continue to comply with the conditions which gave rise to the authorisation, as well as a summary of the activities carried out in the preceding year, together with the balance sheets of the last financial year, to which they shall report an independent auditor.

The Authorizing Administration may request additional information or extension of the contributed.

Article 18. Expiration, revocation, and extinction of the authorization.

1. The authorisation to carry out the marketing of natural gas shall be revoked, after having been informed of the case by the person concerned, in the following case:

(a) If, within two years from the date of publication of the authorisation, the company had not made effective and actual use of the marketing activity and therefore did not make any sales of natural gas or if such use had been suspended for an uninterrupted period of two years, the Directorate General of Energy Policy and Mines of the Ministry of Economy will declare the expiration of the authorization proceeding to give to the company in the corresponding Register. To this end, the Technical Manager of the System shall communicate to the aforementioned General Directorate of Energy Policy and Mines the authorized marketed companies in which they are given such circumstances.

2. The authorisation to carry out the marketing activity for natural gas shall be revoked, subject to the examination of the file with the person concerned, in the following cases:

(a) The declaration of bankruptcy or extinction of the legal personality of the marketer.

b) Proven compliance with the conditions required to perform the marketer activity.

(c) The commission of an infringement of those classified as very serious in Article 109 of Law 34/1998, of the Hydrocarbons Sector, when the revocation of the administrative authorization is carried out.

The revocation of the marketer's authorization will imply the cancellation of the registration of the registration in the corresponding administrative register.

3. The authorisation to exercise the natural gas marketing activity shall be extinguished in the following case:

a) The waiver of the marketer.

Article 19. Rights and obligations of traders.

1. The marketing companies shall have the rights and obligations set out in this article, in addition to the rights and obligations related to third party access, as laid down in Law 34/1998 of 7 October of the Hydrocarbons Sector, and in Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system of the natural gas sector.

2. The following shall be the rights of trading companies:

(a) Make natural gas acquisitions in accordance with Chapter II of Title IV of Law 34/1998 of the Hydrocarbons Sector.

b) Selling natural gas to qualified consumers and other marketers in freely agreed conditions.

c) Access to facilities owned by third parties for regasification, storage, transportation, and distribution under the terms of Law 34/1998, of the Hydrocarbons Sector, and its development provisions.

(d) Require that the facilities and devices receiving their consumers meet the legally established technical and construction conditions, as well as the good use thereof and the fulfilment of the established conditions for the supply to occur without deterioration or degradation of its quality for other users.

e) Facturing and collecting the realized provisioning.

f) Request verification of the good performance of the equipment measuring equipment.

g) Make the measurement of supplies to your customers.

3. Trading companies will have the following obligations:

a) Be enrolled in section 2.^a of the Administrative Registry of Distributors, Marketers and Qualified Consumers of the Ministry of Economy.

(b) Maintain compliance with the conditions of legal, technical and economic capacity to be determined in their authorization to act as marketing operators, as well as to submit, to the competent authority, the information that is details in Article 17 of this Royal Decree.

c) Ensure the security of the supply of natural gas to its customers by subscribing to the procurement and access contracts of the gas system that are accurate.

(d) In order to be able to comply with the information required by Directive 90 /377/EEC on the transparency of prices applicable to industrial gas and electricity consumers, the marketing undertakings shall forward to the Directorate-General for Energy Policy and Mines of the Ministry of Economy, the Autonomous Communities, in the field of their competences, and the National Energy Commission, the information on prices applied to consumers.

e) Perform by itself, or through the distributor to which the user's facilities are connected, pre-supply tests that are defined as regulated.

f) Perform by itself, or through the distributor to which the user's facilities are connected, inspection visits to the receiving facilities of its clients, with the periodicity defined in regulation and communicate the performance and date of such performance to the distribution companies to which such facilities are connected.

g) Provide your customers with the information and advice they may request in connection with the gas supply.

h) comply with minimum security stock maintenance obligations, and contribute, where appropriate, to the diversification of supplies in accordance with current regulations.

i) Maintain by itself, or through the distributor to which the user's facilities are connected, an operating system that ensures permanent attention and resolution of the incidents, which as a matter of urgency can be presented at the receiving facilities of their clients.

j) Provide the System Technical Manager with the necessary information to facilitate monitoring and control of the system.

k) Dispose and keep updated, regardless of other policies that may exist, a liability insurance policy, for a sufficient amount to cover the risks to persons and property could be derived from their responsibilities in the activities carried out.

CHAPTER IV

Consumers

Article 20. Definition.

1. Natural gas consumers will be considered those who acquire natural gas for their own consumption.

2. Consumers will be able to purchase gas:

(a) From the distributor to which their facilities are connected, in which case they shall be governed by the provisions of this Royal Decree for the supply of tariffs.

b) To licensed marketers in freely agreed conditions.

c) Directly, without recourse to an authorized marketer, accessing third-party facilities.

Article 21. Point of supply.

1. For the purposes of the point of supply consideration, the facilities to be supplied shall meet the following requirements:

a) That its holder is a single natural or legal person.

b) That the centers or units that constitute the installation are joined by their own lines.

c) Natural gas is intended for its own use.

d) That the supply to the facilities be made at the same pressure.

e) That the affected ones that feed them belong to a same distributor.

2. Each supply point shall have an identification number, assigned by the distribution company to which the facilities are connected, which shall be provided to the consumer only.

Article 22. Rights and obligations of consumers.

1. Consumers will have the following rights:

(a) Make gas acquisitions in accordance with Chapter II of Title IV of Law 34/1998 of the Hydrocarbons Sector.

b) Choice of supplier for the purchase of natural gas.

(c) The consumer may choose, among the officially approved tariffs, that which he considers most appropriate, taking into account the maximum design pressure of the networks to which he is connected and the annual consumption.

d) Request verification of the proper functioning of the equipment for the measurement of supplies.

e) Dispose of a telephone assistance service provided by your supplier, operating 24 hours a day, to which you can address any possible incidents in your facility.

f) Access to facilities owned by third parties, regasification, storage, transportation and distribution, as provided for in Law 34/1998, of the Hydrocarbons Sector, and regulations that develop it.

2. Consumers will have the following obligations:

a) Maintain and preserve your facilities.

b) Ensure that your facilities meet the technical and safety requirements set out in the current regulations.

(c) Allow staff authorised by the distribution company, carrier in the case provided for in Article 6.2.f), and supply the entry at the premises or housing to which the contract service is affected in working hours or normal relationship to the outside, to inspect the facilities or to perform counter reading.

d) Make the payment of the supplies according to the contracted conditions.

3. Consumers who purchase gas without recourse to a marketer or distributor will also have the following obligations:

a) Be enrolled in section 3.^a of the Administrative Registry of Distributors, Marketers, and Qualified Consumers.

(b) comply with the obligations to maintain minimum security stocks and contribute, where appropriate, to the diversification of supplies in accordance with current regulations.

c) Perform your gas supply in coordination with carriers and distributors and in accordance with the System Technical Management Standards.

d) Provide the System Technical Manager with the necessary information to facilitate monitoring and control of the system.

TITLE III

Provisioning

Article 23. Object and scope of application.

This Title is intended to regulate the gasification of gas as well as its economic regime and other necessary actions to meet the requirements for the supply of gaseous fuels by means of consumers, without prejudice to the provisions established by the Autonomous Communities in the field of their powers, as regards the rights of discharge, in accordance with Article 91.3 of Law 34/1998 of 7 October of the Hydrocarbons sector.

What is established in this Title will apply to the connections of the receiving facilities of the users with the distribution network of the distribution company, as well as to those consumers that connect to the pipelines of transport, in which case the rights and obligations laid down in this Chapter for the distribution undertakings shall be understood as for the carriers.

CHAPTER I

Acommitted gasists and other actions needed to address supply

Article 24. Definition of the connection.

1. Connection is the channelling and complementary facilities necessary for a new supply or extension of an existing one between the existing distribution or transport network and the connection key, including this one, which cuts through of natural gas to the user's receiving facilities.

2. All installations intended to supply gas by channelling to one or more users, not included in the authorisations of distribution facilities or in the annual plans of the Member States, shall be taken into account in general. extension of distribution networks, in accordance with the provisions of article 89.3 of Law 34/1998 of 7 October of the Hydrocarbons Sector. In the case of connection to the transport network, those facilities which are not included in the defined economic system, for the transport activity, in Royal Decree 949/2001 of 3 August, which are not included in the transport network, shall be regarded as having been carried out. Third-party access to gas installations is regulated and an integrated economic system is established in the natural gas sector.

Article 25. Request procedures for the affected.

1. It is understood by the applicant of an undertaking, the natural or legal person asking the distributor or carrier for a new gas supply point, or the extension of an existing one, irrespective of whether or not it will be consumer.

2. Where, as a result of a new request for the supply of piped gas, it is necessary to build a pre-shipment to meet the requested supply, the distribution company shall inform the applicant within six days. in the case of the affected areas covered by Article 30.1 of this Royal Decree, and 15 days if specific project is needed for the attack. The company shall, in the reply, indicate the cost to be paid by the applicant as a connection and the time limits necessary for its construction and initiation of the gas supply; it shall also define the period of validity of the budget, which shall in all Case shall be valid for at least six months.

If the applicant accepts the proposal of the distribution company or carrier, it will be obliged to carry out the connection and make it available to start the supplies under the conditions and deadlines initially offered.

In the event that no agreement exists between the conditions offered by the company and the claims of the petitioner, the applicant may raise, to the competent authority of the Autonomous Community, written reasoned on the matter. That body shall decide on the questions raised within the maximum period of 20 days.

Article 26. Rights and obligations of the subjects related to the assaults.

1. The distribution companies or natural gas carriers shall have the following rights in relation to the following:

(a) To receive from applicants a new connection or extension, and to the contractors of a new supply or extension of an existing one, the rights of the affected persons determined in accordance with the provisions of this Title, economic consideration for the construction of the facilities necessary to attend to it.

(b) Require users that their receiving facilities and consumer appliances meet the regulatory technical and security conditions laid down.

(c) Use the facilities made for a connection to meet new supplies under the conditions set out in Article 28.

(d) In the case of a third-party undertaking, to receive from the applicants the technical and safety documentation of compliance with the conditions required, prior to the connection and gas of the new

2. The distribution companies or natural gas carriers shall have the following obligations in relation to the following:

(a) Carry out the connection and the connection of new consumers or the extension of existing ones in the geographical areas that understand the authorizations of distribution facilities or areas of influence of the transport pipelines.

b) Maintain facilities that understand the affected ones.

c) Inform and advise the requester of the connection point with the minimum-cost distribution networks or gas pipeline as well as the characteristics and requirements necessary for it.

d) Meet the deadlines set for the processing and execution of the necessary facilities.

3. The petitioners of a new connection or extension of an existing one will have the following rights:

(a) They may be able to build the necessary facilities at their cost and give them to the distribution company or carrier, or to request the performance of the facilities to the gas company under the conditions set out in this Title.

b) To collect and receive from the distribution company or carrier all the information necessary for the performance of the connection at least cost.

c) Receive from the distribution company or carrier the corresponding economic compensation when an undertaking is used for new supplies when it has borne the full economic cost of the undertaking and has subscribed a convention.

4. The following shall be the obligations of the consumer in relation to the following:

a) Abonar the distribution company or carrier the corresponding rights of connection prior to the performance of the necessary facilities for the requested supply.

(b) To provide the distribution company or carrier with the documentation certifying compliance with the technical and safety conditions of the affected, if any, and of the receiving facilities.

c) Allow checks and tests to be regulated in accordance with the requirements laid down for the installation of gas.

(d) In the case of a connection built by third parties, the distribution company or carrier shall be paid the costs of connection of the same, which correspond to it in accordance with Article 30.

Article 27. General criteria for the affected areas.

1. The rights to be paid for the undertaken shall be unique for the entire territory of the State in accordance with the maximum flow rate requested and the location of the supply, and shall be determined in accordance with the provisions of Chapter II of this Title.

2. The connection shall preferably be connected to the distribution networks at the nearest point to the location of the receiving facility or at least economic cost for the connection, provided that there is sufficient supply capacity justifying otherwise. In any case, for supplies at pressures below 4 bar, sufficient capacity shall be deemed to exist in the distribution network where the intended consumption is less than 100,000 kWh/year.

The rights to be satisfied will be attached to each of the facilities, homes, premises, plots, etc., for which they were paid, whatever the elapsed time.

3. The system of authorizations and declaration of public utility provided for in Title IV of this Royal Decree shall apply to all such measures.

Article 28. Use of affected for new supplies.

Where the facilities required to supply a new supply are of particular relevance and cost, the petitioner may require the distributor or carrier to sign an agreement which provides for the economic compensation to be paid for the use of such facilities for new supply. Such an agreement shall be based on a fair distribution of the costs of the original undertaking among the potential new applicants and shall be valid for a period of not less than five years.

In the event that there is no agreement between the petitioner and the distributor or carrier, the applicant may raise the reasoned written competent authority on the matter. That body shall decide on the questions raised within the maximum period of 20 days.

Article 29. High-rights.

1. The high rights are the economic perceptions that can be perceived by the companies that distribute natural gas, by hiring the supply of the gas fuel supply by channeling with a new user. The distribution company shall inspect the receiving facility, once the approved installer's bulletin has been received, and shall, where appropriate, install and seal the user's measurement equipment.

High rights apply to new supplies and to the extension of existing ones. The facility's coupling and verification services shall be included in these rights.

2. The supply companies will be able to obtain economic perceptions to meet the following services:

The hook: the operation of coupling the gas receiving facility to the network of the distribution company, who must perform this operation under their responsibility.

The verification of the facilities: the review and verification that the facilities conform to the regulatory technical and safety conditions.

In cases where the submission of an authorised gas installer bulletin is necessary, either because of the new installation or the reform, the collection shall not be carried out by means of verification rights.

If the installation has required the presentation of a project and the final work certificate, the payment for verification rights will not be required.

In the event that a supplier decides not to charge fees for these concepts, it will be obliged to apply that exemption to all consumers in its supply area.

3. In accordance with the provisions of Article 91 (3) of Law 34/1998 of 7 October of the Hydrocarbons Sector, the Autonomous Communities shall establish the economic system of the rights of discharge.

Article 30. Rights of connection.

1. The consideration of rights of connection shall be the economic consideration for the realization of the set of installations and/or operations necessary to meet a new gas supply point or for the expansion of the capacity of one already existing.

2. In the case of termination of a supply contract, the rights of the undertaking shall be maintained for the supply or consumption points for which they were paid over a period of five years.

3. The connection of a connection built by a third party to the distribution or transport network shall be made by the distributor or carrier, running on behalf of the applicant the costs of the said operation.

4. The amounts and conditions of the aforementioned rights to be affected shall be those set out in Annex I to this Royal Decree.

CHAPTER II

General provisioning conditions

Article 31. Definition.

For the purposes of this Royal Decree the supply of natural gas or manufactured gases for final consumption is defined as its delivery, by economic consideration, in the conditions of regularity and quality that result (a) Such delivery may be carried out through the transport and distribution networks or in the form of liquefied natural gas.

The supply may only be made by distributive companies or by duly authorized trading companies.

Article 32. Obligation of supply to consumers at tariff level.

1. Distributors of gaseous fuels by pipeline shall have the obligation to supply at tariff and to extend it to any subscriber who so requests, provided that the place where the delivery of the gas is to be carried out is understood within the geographical scope of the authorisation in accordance with the provisions of Title IV of this Royal Decree.

2. However, the distribution companies shall not make the supply at a rate where the consumer's facilities do not comply with regulatory technical and safety conditions.

3. The distribution companies will be able to deny the supply to those consumers who have been declared debtors by a firm judicial judgment of any company distributing by any of the concepts included in the present Royal Decree, always which does not justify the payment of such debt.

Article 33. Receiving facilities.

1. The installation companies will be responsible for the execution or repair of the receiving facilities to be carried out according to the project of the same, if any, and in any case, that the installation complies with all the rules in force, as well as the successful completion of the tests and verifications that the technical regulations indicate.

The maintenance and maintenance of the facilities will be the responsibility of the users.

2. Distributors and marketers must report regularly, in accordance with current legislation, to users who are subject to the tariff regime and to the qualified consumers, respectively, the recommendations and measures taken by the Commission. security to be taken into account in the use of gas and equipment for use.

3. The distribution and marketing companies shall carry out periodic inspections of the receiving facilities of their respective customers, in accordance with the provisions of the current quality and industrial safety regulations.

Article 34. Commissioning of the gas installations.

The connection of the receiving facility with the distribution or transport network, the placement of the seal on the measuring equipment and the putting into service of a receiving facility, may only be carried out by the distributor. appropriate, through your own or authorized personnel.

This staff will proceed to:

a) Check that the documentation is complete.

b) Precise the measurement equipment.

c) Verify the installation tightness.

d) Leave the installation in service, if you get favorable results in the checks.

The costs of these operations shall be borne by the customer who contracts the supply, which shall be included in the so-called high rights, regulated in Article 29 of this Royal Decree.

Article 35. Emergency care and control service.

Distributors and marketers must ensure the existence of a 24-hour working telephone service, every day of the year, in order to address possible incidents in the facilities of its customers or in its own distribution network, if any. In addition, they will disseminate, using the channels they consider appropriate, the telephone numbers of the abovementioned assistance services, so that both their clients and the public bodies can easily access them. Distributors shall be obliged to provide this service to marketers, if they so request, under objective, transparent and non-discriminatory conditions.

Assistance services should be able to activate an emergency plan approved by the competent authority in case it is necessary, so that the necessary security measures are taken in the reduced time possible.

Distributors and marketers shall have the necessary records to inform the competent administrative body in the field of energy of the measures taken and the means used to ensure the security for any incident attended by the assistance service.

The supplier must provide, and keep up to date, irrespective of any other policies that may exist, an own liability insurance policy for a sufficient amount to cover the risks that, for persons and goods, may be derived from the activities carried out.

CHAPTER III

Provisioning Contracts

Article 36. Subjects involved in the procurement.

1. The supply of natural gas or gases manufactured by a third party shall require a contract between the parties.

The supply contract on the regulated market will be performed between consumers and distributors.

The supply contract on the liberalised market will be made between qualified consumers and marketing companies.

Qualified consumers will be able to purchase gas directly without using an authorized marketer, accessing third-party facilities.

2. The supply contract is personal, and the holder must be the effective user of the fuel, which may not use it in a different place for which it was hired, nor cede, nor sell it to third parties.

Article 37. Terms of the supply-to-rate contract.

1. They may enter into contracts for supply at tariff with the distribution companies all those consumers who have not exercised the status of qualified persons, or those who have exercised that condition, are within the Transitional provisions of Law 34/1998 of the Hydrocarbons Sector.

2. The procurement of the gas-channelled gas supply to be established by distributors with their end-users will respond to the model contract set out in Annex II to this Royal Decree, without the possibility of requiring any amount by the formalisation of the same. For those users whose annual consumption is more than 5 million kWh, the standard contract may be added to the contract, which is freely agreed on the basis of the specificity of the supply, without any limitation that it cannot contain clauses. contrary to the Law of the Hydrocarbons Sector and the rules in force at any time.

3. If the connection of the consumer's premises is made to the transport network, the supply tariff contract must be signed with a distributor which has authorisation in the area. In cases of suspension of supply and termination of contracts, the distributor shall inform the carrier to whom the consumer is connected to make the cut effective.

4. Without prejudice to the fact that the existing rules may consider other time limits for specific supplies, the duration of the supply contracts at tariff shall be annual and shall be tacitly extended by equal time. Notwithstanding the foregoing, the consumer may be discharged in the supply before that time limit, provided that he is informed by the distribution company at least six working days in advance of the date on which he or she wishes to leave the supply, without prejudice to the economic conditions resulting from the application of the existing tariff rules.

5. The consumer has the right to be informed and advised by the distribution company at the time of the contract, with the data it provides, on the most appropriate daily rate and maximum rate, and other conditions of the contract. choose the rate you deem appropriate, among those officially approved, taking into account the maximum design pressure of the pipeline to which you are connected.

6. The distribution companies shall be obliged to meet the requests for the modification of the maximum daily rate and rate.

A consumer who has voluntarily changed the rate or maximum daily rate contracted may be refused to pass to another until at least twelve months have elapsed, except in the case of a change in the structure of the rating that affects you.

Article 38. Contracts on the liberalised market.

Third-party supplies on the liberalised market will require a written contract between a duly authorized trading company and the qualified consumer in which all the conditions of the supply, security, continuity of service, quality, economic impact due to non-compliance with the quality of supply, measurement and billing, causes of termination, subrogation mechanisms and arbitration mechanisms where appropriate.

Such contracts may not contain clauses contrary to the provisions of Law 34/1998 of 7 October of the Hydrocarbons Sector and provisions for development, and any disputes that may arise in the application of the shall be settled in the court, without prejudice to the application, where appropriate, of the arbitration proceedings provided for in the legal order.

Article 39. Transfer and subrogation of supply-to-tariff contracts.

1. For a point of supply, the consumer who is in the payment stream may transfer his contract to another consumer who will make use of it under the same conditions. The operator shall inform the distribution company by means of a communication which allows for a record of the issue of the new contract.

2. For the subrogation of rights and obligations of a supply-to-tariff contract, the communication enabling the distribution company to be established for the purpose of the change in ownership of the contract shall be sufficient.

3. In cases where the effective user of the fuel, with a fair degree, is a person other than the holder listed in the contract, he may require, provided that the current payment is found, the change to his name of the existing contract, without further formalities.

4. The distribution company shall not receive any amount for the issue of new contracts resulting from the changes in ownership identified in the preceding points, provided that no action is required at the customer's premises.

5. However, in the case of modifications to contracts for users connected to pressure pipelines below 4 bar, the age of which is more than 20 years, the distribution companies must carry out the verification of the In this case, it is authorised to charge the verification rights in force. If such verification is verified that the installations do not comply with the regulatory technical and safety conditions in force at the date of the transfer, the distribution company must require the adaptation of the facilities and the presentation of the corresponding installer bulletin.

Article 40. Resolution of contracts for tariffs.

It will be cause for resolution of the contracts at rates:

1. The user's low request, or the user's change to the liberalised market.

2. For the same supply point, if a consumer with a fair title for that point requests the formalization of a new contract, the resolution of the previous contract will be automatic as long as there is no debt contracted.

3. Supply disruption for more than two months from the date of suspension.

4. The suspension of the supply in the cases of fraud will result in the automatic resolution of the contract.

CHAPTER IV

Transfer of gas from carriers to distributors for gas supply at tariffs

Article 41. Cession of gas for the market at tariff.

Distributors for the supply of supplies at tariff must acquire the gas to the carrier whose networks are connected, directly or indirectly through another distributor, to the transfer price to which the Article 28 of Royal Decree 949/2002 of 3 August, which regulates third-party access to gas installations and establishes an integrated economic system for the natural gas sector.

Article 42. Conditions for the disposal of gas for the market at tariff level.

Carriers and distributors must conclude a contract that provides for the conditions of the transfer, including at least the following points:

(a) The obligation of the carrier to meet the demand of the distributor for the supply of the market at tariff.

b) The conditions of supply disruption, which, in the case of firm supplies, will only be possible in case of network maintenance or force majeure.

(c) The obligation of the distributor to communicate to the carrier the quantity and geographical location of the interruptible consumption, consumption and conditions of interruptibility.

(d) The point of delivery of natural gas from which the risks associated with it shall be understood.

e) The forecast of consumption, flow rates, and minimum pressure at each point of delivery.

f) The conditions of measurement and operation in accordance with the requirements of the Technical Management of the System.

g) The billing and payment conditions.

CHAPTER V

Consumer point control and supplier change

Article 43. Information exchange system for the management of the supplier change.

1. The distribution companies shall have a system of exchange of information with carriers, marketers and qualified consumers to achieve the following objectives:

a) Ensure adequate consumer protection.

b) Minimize the workload for the consumer in the various processes that affect the supply.

c) Standardize the information to be transmitted and the means by which it is transmitted.

d) Minimize the time-frame from the time of the signing of a gas supply contract by the consumer with a marketer until the effective date of entry into force.

e) Minimize the economic cost to the gas system that represents the management of the bulk trading processes.

f) Facilitate the new marketer with the information necessary for the management of the new contract.

g) Avoid non-consensual transfers by the consumer.

h) Correction of wrongly transferred clients.

i) Avoid the existence of non-supplier consumers.

j) Prevent a customer from receiving improper invoices from multiple suppliers.

k) Ensure the correct aggregation of the measurement of the consumed gas and its correct imputation.

l) Facilitate supply continuity in case of supplier failure.

m) Favour attention to complaints.

2. The distribution companies shall be provided as a support for the information exchange system of a database containing all the information enabling the change of supplier to be effective. In this database, which shall be permanently updated, it shall contain all the supply points connected to its networks and the transport networks in its area, irrespective of whether it has a supply contract in force, and for each of the they shall be collected at least the following data:

a) Data relating to the point of supply:

1. Distributor Enterprise

2. The location of the provisioning point: address, population, province.

3. Th Supply Pressure.

4. Supply Point Characteristics: current or expected rate or toll, maximum contracted flow rate, if any.

5. Date of the last revision of the user's receiving facilities.

b) Consumer data:

1. The supply point identification code.

2. Consumer Data: name, address, NIF/CIF.

3. The last calendar year we consume the last calendar year and the measured measured according to billing and, where applicable, the maximum and minimum flow rates measured in monthly detail.

4. The Company that performs the provisioning and the start date of the provisioning of the same.

5. The Measurement Team Identifier Code.

6. º Characteristics and ownership of the measurement equipment.

7. Company that performs the measure.

8. The date the rate customer exits the liberalised market, if any.

The information referred to in subparagraph (a), relating to the point of supply, shall be accessible to all carriers, distributors and traders, and the information referred to in paragraph (b), relating to the consumer, shall be accessible to the consumer, through the presentation of the identification code of the supply point and of the NIF/CIF of the consumer or any other data that formally identifies him. You may also access the information contained in paragraph (b) any subject that presents the above documentation, as well as an express and written authorization from the consumer.

The identification code of the supply point shall be brought to the attention of the National Energy Commission, for the purposes of the development of its functions in relation to the proposals for the settlement of the remuneration of the regulated activities of the natural gas sector.

3. The distribution and marketing companies must be equipped with the necessary information systems to enable the connection between systems and the exchange of information, so that the data can be consulted in the database. referenced and the receipt and validation of requests and communications with the subjects related to the procurement.

Article 44. Supplier change.

1. Any consumer with a supply of natural gas and who has the consideration of a qualified person may, by himself or by means of the marketing undertaking to be supplied to him, apply for a change of supplier.

2. Requests for change of supplier shall include at least the following information:

a) Date of the request or communication.

b) Consumer identification: CIF/NIF of the customer, name, address.

c) Identification of the provisioning point.

d) Customer compliance with the supplier change.

e) The enterprise that is performing the provisioning.

f) The enterprise that is going to perform the provisioning.

g) Company responsible for the measure.

h) Characteristics and ownership of the measurement equipment.

i) Conditions of the new hiring (Tarifa, Peajes, etc.), that allow the billing of the consumption and/or the associated tolls.

j) Duration and type of contract.

3. For supplies under pressure of less than or equal to 16 bar, the application shall be submitted to the distribution company, which shall validate the application, by checking that the data contained therein correspond to those collected at the base of the data, as referred to in Article 43, and which the new supplier is duly authorised to carry out such activity. In the case of supplies involving a unit annual consumption exceeding 10 GWh, the time-specific validation of the applications by the operators who own the entry-level facilities and the transport system shall also be sought. distribution.

Carriers will review requests with annual consumption of less than 10 GWh, grouped by marketer and entry point to perform the checks to which they enable the current regulations in relationship to third party access.

The maximum time limit for validation of applications shall be six working days from the receipt of the application, communicating to the applicant any deficiencies within that time limit.

4. For supplies under pressure of more than 16 bar, the requests for change of supplier will be validated and processed in accordance with the provisions of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to the facilities Gasists and an integrated economic system of the natural gas sector is established.

Article 45. Changing a regulated market consumer to the liberalised market.

1. Any consumer whose supply of natural gas is made at tariffs and who has the consideration of a qualified person may, on its own or through the new marketing, ask the distributor to be assigned the supply point. change of supplier, contributing consumer compliance.

2. For consumers with an annual consumption of less than 100,000 kWh, once the application has been validated in accordance with Article 43, the distribution company must estimate the consumption and the liquidation of the supply at rates, marketing company the date of change. The change date will always match day 1, 11, or 21 of each month, with the dealer having to select the change date closest to the date of validation.

3. For consumers with annual consumption equal to or greater than 100,000 kWh, once the application has been validated, the distribution company must carry out the measurement and liquidation of the supply at rates, communicating to the marketing company the date of the change. The date of change will coincide with the actual reading date, which will be performed during the last five working days of each month, with the dealer having to select the change date closest to the date of the validation.

For consumers with telemedida the change date will be made within six business days after the request validation date.

4. The change in the supply of tariffs to the liberalised market will not imply the recognition of any cost to the consumer or to the marketing company. The supply clearance invoice shall include only the amounts corresponding to the supply up to the date of the change any other existing contract between the consumer and the distributor shall not be affected by the transfer to the market liberalized, being able to be maintained or terminated in accordance with the contractual conditions.

5. The change to the liberalized market of a consumer will automatically assume and from the date of the same the modification of the corresponding contract of access to the system of transport and distribution of the marketer and the billing to it, of the corresponding tolls. This amendment shall not apply to contracts for access to regasification, storage or entry to the transport and distribution system, which shall remain under the same conditions laid down in the contracts concluded by each marketer.

6. In relation to the settlement of the supply at tariffs, the provisions on claims in Article 61 and in the event of non-payment of the supply suspension in accordance with Article 57 of this Royal Decree shall apply.

7. The distribution and marketing companies will maintain for five years the historical record of the communications maintained for the passage of customers from the regulated market to the liberalised market for the resolution of the eventual conflicts.

Article 46. Trade change in the liberalised market.

1. Any consumer whose supply was made on the liberalised market may, on its own or through the new market, apply to the distributor who has been assigned the point of supply for the change of the marketer, contributing to the consumer's compliance.

2. For consumers with an annual consumption of less than 100,000 kWh, once the application has been validated, the distributor will have to estimate the consumption by communicating to the marketing company that the supply and the new marketing the date of the change. The change date will always match day 1, 11, or 21 of each month, with the dealer having to select the change date closest to the date of validation.

3. For consumers with an annual consumption equal to or greater than 100,000 kWh, once the application has been validated, the distribution company must carry out the measurement, communicating to the marketing company that it was making the supply and the new marketing the date of the change. The change date will match the actual reading date to be performed during the last five working days of each month, with the dealer having to select the change date closest to the date of the validation.

For consumers with telemedida the change date will be made within six business days after the request validation date.

4. The change in the marketer shall automatically and as from the date of the change in the corresponding contract of access to the system of transport and distribution of the affected marketers. This amendment shall not apply to contracts for access to regasification, storage or entry to the transport and distribution system, which shall remain under the same conditions laid down in the contracts concluded by each marketer.

5. Potential conflicts in the settlement and termination of the supply contract shall be resolved in accordance with the provisions of the contract and in any case by application of the commercial law.

Article 47. Changing a consumer from the liberalised market to the regulated market.

1. Any consumer whose supply was being made on the liberalised market and which meets the conditions laid down in the fifth transitional provision of Law 34/1998 of 7 October of the Hydrocarbons Sector may request his distributor the change to the regulated system.

2. The distributor shall proceed to the requested change, with the same procedure and time limits laid down in Article 46.

3. Once the return is made, the consumer must remain at least one year on the regulated system.

Article 48. New supply points.

1. In order to access the distribution or transport network, it will be necessary for the future consumer or whoever represents it to request the corresponding connection to the distribution company or carrier in accordance with the provisions of this Royal Decree. Once the connection has been carried out, the point (s) of supply shall be incorporated into the database referred to in Article 43, irrespective of the signature of the supply contract.

2. The application for recruitment and entry into service of a new supply in the case of the market at tariffs shall be made by the consumer to the distribution company, who shall carry out the necessary formalities within a period not exceeding six working days from the completion of the connection or from the completion of the particular facilities of the consumer, if they were not prepared at the end of the connection.

3. In the case of the liberalised market, the application for the placing in service of the distribution company must be made in writing by the consumer and, where appropriate, his marketing company, even if he may represent his/her marketing when you have the customer's written compliance.

4. The distribution undertaking shall proceed to the validation of the application and its inclusion in the information exchange system, on the basis of the registration of the supply points, by communicating to the applicant any deficiencies within a maximum period of six months. business days from receipt of the request. In the case where the validation of the application by the basic carrier is necessary, this period shall be 12 working days.

5. Once the application has been validated, the distribution company shall service the new consumer within a period not exceeding six working days from the request, communicating to the user and the marketing company the date of commencement of the application. supply, and will log into the database of supply points the new situation of the same.

CHAPTER VI

Measure and control

Article 49. Measurement equipment.

1. A measurement equipment shall be installed at each point of supply. These equipment shall have exceeded the metrological control established in the European Union and shall comply with the UNE-EN standards applicable to it.

The installation of the measuring equipment, in receiving facilities connected to networks of less than 4 bar, will preferably be carried out in common areas, in accordance with the provisions of the standard UNE 60670, and once the same has been completed. They shall be sealed in such a way as to ensure that they cannot be handled by third parties. Where the measurement equipment is located within the user's property limit, the user shall provide access to duly accredited personnel carrying out reading and/or maintenance tasks.

2. The equipment for the measurement of gaseous fuels may be owned by the consumer or may be rented by the same to the distribution companies, in which case the company will proceed to the installation of the same ones not being able to demand any quantity this.

In the case of consumers who are eligible for Group 3 Rates or Peages, or those that could replace them, the distribution companies are obliged to make available equipment for their rental.

In all cases, the measuring equipment shall be sealed by or authorized by the distributor, without any financial compensation.

3. Consumers included in any of the following groups should have telematic equipment capable of measuring at least daily flow rates:

(a) Consumers connected to pipelines whose maximum design pressure is greater than 60 bar.

(b) Consumers connected to pipelines whose design pressure is greater than 4 bar and less than or equal to 60 bar and whose annual consumption is greater than 100,000,000 kWh.

The Ministry of Economy, in the light of developments in technology and market developments, may amend the thresholds to establish such an obligation.

4. At the request of the consumer and charged with the same, equipment for measuring the operation of coins, cards or other self-control systems may be installed, which will accommodate the current tariff structure. These measuring equipment must be of approved model or be authorised for use and must have a primitive or appropriate verification and seal.

5. Natural gas measurement equipment supplied to qualified consumers by means of non-tariff-based contracts shall incorporate the elements necessary for the measurement of the quantities required for the invoicing of the contracts of the network access.

6. The consumer will be responsible for the custody of the measuring and control equipment and the owner of the equipment will be responsible for its maintenance.

Article 50. Testing of the measurement equipment.

1. Both consumers and carriers, distributors and, where appropriate, the marketing companies, will have the right to request, from the competent authority where the installation is to be used, the verification and verification of the counters, and other appliances that serve as the basis for the billing, whichever is the owner.

The costs incurred by the verification and verification of the counter shall be borne by the applicant in the event that the performance of the counter is correct, and by the owner of the equipment if not.

2. In the case of an incorrect operation, a supplementary billing shall be carried out, between the last revision or installation of the equipment and the time of verification. The correction period shall be half of the time since the last revision or installation of the equipment, provided that there is no agreement in the determination of the time when the cause of the non-admissible error occurred. In no case shall that period exceed one year.

In the event that amounts were invoiced lower than due, the difference for payment purposes may be prorated on as many monthly bills as months passed in the error.

In the event that excess amounts have been paid, the return will occur at the first billing next, without any fractionation of the amounts to be returned. In this case, the legal interest of the money will be applied to the advance amounts.

Article 51. Reading the supplies.

1. The reading of the supplies will be the responsibility of the distribution companies, in the case of supply at tariff.

2. In the liberalised market the reading of supplies will be the responsibility of the marketer or the qualified consumer in cases where it is not supplied through an authorised marketer. In this case, the person responsible for the reading may proceed either by himself or through the corresponding distributor to the measurement of the supplies.

3. The person responsible for the reading shall, in each case, make it available to or interested in the participating agents.

4. The frequency of reading will be monthly for those users with an annual consumption of more than 100,000 kWh. In all other cases, the frequency shall be monthly or bimonthly and the person responsible for the reading shall ask the competent authority of the Autonomous Community for the extension of that period up to a maximum of six months.

CHAPTER VII

Billing and Payment

Article 52. Billing for provisioning at rates.

1. The invoicing of the tariff supply will be carried out by the distributor company monthly for the users with an annual consumption of more than 100,000 kWh and monthly or bimonthly for the rest of the users, and will be carried out on the basis of the reading of the installed measurement equipment to the effect.

2. In cases where a reading period of more than two months has been approved by the competent authority of the Autonomous Community, invoicing shall be made on the basis of bimonthly estimates with regularisation in the reading period.

3. Prior to the express agreement between the parties, a fixed monthly fixed fee may be invoiced for the historical consumption and when there is no estimate of the monthly consumption, previously agreed, plus the maximum daily flow rate, if any. In any case, and before the 31st of January of each year, an annual regularisation shall be produced and invoiced on the basis of actual readings.

When a monthly fixed fee is agreed, the distribution company may require a certain form of payment.

4. In cases where the reading of the counter has not been possible, for reasons other than the undertaking, an estimated invoice may be made with a minimum annual regularisation.

5. In the event that the distribution companies apply discounts on the maximum permitted rates in a given geographical area and a given number and category of consumers, these discounts must be public by publication in a means of communication of wide dissemination in the province or provinces concerned; the conditions of application of such discounts shall also be transferred to the competent body of the Autonomous Community and to the National Commission of Energy.

6. The persons covered by the bank house payment shall not be liable to account for any amount up to seven calendar days after the invoice has been submitted.

Article 53. Bill Content

1. The distributor's invoices to its users for gas supplies shall include at least the following information:

a) The supply point identification number.

b) Date of issue of the invoice.

c) Period to which the billing corresponds.

d) Inbilled gas consumption for that period.

e) Indication of whether the billed volume is real or estimated.

(f) Fees applied and, where applicable, official provisions in which they were approved and dates of publication of the same in the "Official State Gazette".

g) Unit conversion factors applied with justification of the units.

h) Detailed description of the regularisation in case of readings estimated in previous periods.

2. The invoices for the marketer to its consumers must be governed by the corresponding gas supply contract, specifying in any case the consumption, billing period and conversion factors of units.

In addition, the marketer may include in its invoice the amount corresponding to the rental of counters to the consumer by the distributor, acting on behalf of the distributor. This concept must be detailed in the invoice it presents to its customers.

In the event that the marketer performs the billing of the meter rental on behalf of the distributor, it must be included in the contract of the marketer that the dealer has with the consumer.

3. On the first invoice, from the moment the distributor has put in place the supply point information system provided for in Article 43, he shall inform the consumers connected to his/her premises of the number of identification of the corresponding supply point, together with the information of its effects to facilitate the change of supplier.

Article 54. Payment period for the supply contracts at rate.

1. For consumers at rates, the payment period is established in twenty calendar days from the issue of the invoice by the distribution company. In the event that the last day of the payment period is a Saturday or a holiday, this will expire on the first working day that follows.

2. Within the period of payment, consumers may make the amounts invoiced by direct debit, through the accounts that they indicate in the distribution companies in savings banks or credit institutions, in the offices of collection of the distribution company or in whom it is delegated.

3. In geographical areas where there are difficulties in using the above systems, the consumer may make cash the amount invoiced by postal or other similar means.

CHAPTER VIII

Suspension of provisioning

Article 55. Suspension of supply to qualified consumers.

1. The suspension of the supply of natural gas to qualified consumers shall be subject to the conditions of security of supply and suspension which would have been agreed, or for reasons of force majeure, or for situations where the threat may arise. certain for the safety of people or things.

2. Where a supply contract is terminated between a consumer and a marketer, the marketer shall communicate such a circumstance to the distributor and the consumer with a minimum period of notice of six working days.

In that notification, sent to the consumer and the distribution company, it will be noted that, unless the consumer credits a supply contract with another marketer, or requests the company to distribute the at tariff, the distributor shall proceed to the suspension of the supply after the end of the established period.

The notification must be made by certified mail or any other means that will guarantee the communication.

The distribution company will proceed to the suspension of the supply if the date of termination of the contract the marketer does not indicate otherwise or the consumer does not credit the subscription of a new contract with another marketer.

In such cases, when the natural gas marketer has not communicated to the distribution company the termination of the supply contract, the distribution company will be exempt from any liability for the gas. natural delivered to the consumer. In all other cases, the marketer shall not bear any costs associated with that supply from the date of termination.

Article 56. Suspension of supply to consumers at tariff.

1. The distribution company may interrupt the supply to its users in the following cases:

a) When derivations are established to supply gas to an unanticipated installation in the contract.

(b) Where the receiving facilities or gas-consuming appliances do not have the necessary authorisations.

c) When the measurement or control equipment is manipulated or its correct operation is avoided.

d) For poor conservation of facilities, where this poses a danger to the safety of persons or property.

e) When the user does not allow the authorized personnel of the company to enter the premises or housing to which the contracted service affects in business hours or normal relationship with the outside, to inspect the facilities or perform counter reading.

f) By default, in accordance with the provisions of Article 57 of this Royal Decree.

2. In all the above cases, the supply interruption shall be carried out by the distributor, who shall inform the user in a feisty manner at least six working days in advance. Such communication shall include the date of suspension of supply and the cause of the supply. The user may, within a maximum of six days, have recourse to the competent authority which shall decide on the suspension within a maximum of 20 days, which shall be rejected if there is no express decision. In the event that the user makes use of the supply suspension, he/she must submit a copy of the appeal to the distribution company, which will not be able to suspend the supply as long as there is no resolution by the Administration.

3. In the case of suspension of supply for poor maintenance of the facilities where this poses a danger to the safety of persons or property, the suspension shall be carried out immediately by the distribution company, not being of application of the provisions of the previous paragraph.

4. As long as the supply suspension lasts, the fixed term of the tariff will not continue to be invoiced.

Article 57. Suspension of the supply at default rate.

1. The distribution company may suspend the supply to private consumers at a rate where at least two months have elapsed since the payment was made to them, without the payment having been made cash. For these purposes, the order shall be made by reference to the address which, for the purposes of the communication, is included in the contract for the supply of the tariff, by any means which would permit the person concerned to receive a record of the receipt. representative, as well as the date, identity and content of the same, leaving the distribution company obliged to retain in its possession the accreditation of the notification made. In the case of rejection of the notification, the circumstances of the notification attempt shall be specified and the procedure shall be carried out. Such communication shall include the process of interruption of the supply by default, specifying the date from which it shall be interrupted, if the amounts due are not paid on an earlier date.

2. In the case of public administrations, after two months after having been required to pay the payment without the payment of the same, interest shall begin to be paid which shall be equivalent to the legal interest of the money. increased by 1.5 points. If four months after the first requirement that payment has not been made effective, the supply may be interrupted.

3. In order to suspend the default supply, the distribution company will not be able to indicate as a day for the interruption a public holiday nor those that, for whatever reason, there is no customer service, both commercial and technical. for the purpose of replenishment of the supply, or on the eve of those days in which one of these circumstances has occurred.

4. Where the supply is suspended, the supply shall be spare no more than 48 hours following the payment of the amount due, and the amount authorised for reconnection of the supply, except in the cases where the supply is after the period involving the termination of the contract.

Article 58. Temporary suspension of supply due to technical reasons.

1. Distributors shall keep the service permanently to consumers connected to their network, except in the cases covered by this Royal Decree. However, you may temporarily interrupt the provisioning if any of the following circumstances are present:

a) For security reasons.

b) Because of force majeure.

c) To perform maintenance, repair, replacement, or expansion of gas installations.

2. In order to comply with the provisions of Article 88.2 of Law 34/1998 of 7 October of the Hydrocarbons Sector, prior authorization must be requested from the administrative body responsible for energy. This request shall describe the facts, the justification for the measures taken, the area concerned and the intended duration of the interruption.

3. With the exception of emergency situations, the distributor shall inform the users concerned and the traders to whom he provides his service in good time of the intention to interrupt the supply, In all cases, trying to minimize the impact that this interruption will cause to the affected users. This information shall include the cause of the interruption and the expected date for the resumption of the supply.

4. In all cases, the distributor shall communicate to the affected users and marketers the resumption of supply, using the most appropriate means.

The competent administrative body may order, immediately, the closure or interruption of supply to facilities whose defective operation threatens the integrity of persons or property.

Article 59. Disconnect and reconnect expenses.

The costs arising from the suspension of the supply shall be on behalf of the distribution company and the reconnection of the supply, in the event of a justified and imputable cut to the consumer, shall be on behalf of the consumer, who shall pay an amount equal to twice the amount of the coupling rights in force as compensation for the disconnection costs.

Article 60. Services declared essential.

1. The suspension of supply shall not apply to essential services, except in cases of a certain danger to persons and property.

2. For these purposes, the following essential services shall be considered:

a) Supplies to healthcare facilities and hospitals that have an impact on patient safety and well-being.

b) Compulsory teaching and schools.

c) Seats and nursing homes.

(d) Supplies to institutions directly linked to national defense, security forces and bodies, firefighters, civil protection and municipal police, except for buildings dedicated to housing, economates and recreation areas of your staff.

(e) Public means of transport using gas as fuel.

(f) Those other services considered to be of social or community interest as stated in their specific legislation as such.

Distributor or marketing companies may affect payments they receive from those of their customers who have supplies linked to services declared as essential in a situation of late payment, invoices for those services, regardless of the allocation that the customer, public or private, would have attributed to these payments.

CHAPTER IX

Claim and Fraud

Article 61. Complaints.

Claims or discrepancies arising in connection with the contract of supply at tariffs or with the invoices derived therefrom shall be administratively resolved by the competent body in the field of energy the Autonomous Community or Cities of Ceuta and Melilla, in the territory of which the supply is effected, irrespective of the proceedings in a court which may occur at the request of either party.

Article 62. Fraud.

1. For the purposes of this Royal Decree, fraud shall be deemed to exist where there is any action or omission aimed at modifying or preventing the measurement of the supply contracted to the detriment of the distributor or marketer.

2. The distributor or marketer may request the competent authority of the Autonomous Community to be visited and inspected the installation of any consumer in order to verify the existence of a possible fraud. The distributor may also request such an inspection for consumers of marketers, provided that they are connected to their distribution networks, communicating in advance such a circumstance.

3. The competent authority of the Autonomous Community shall decide whether or not to have fraud, and the amount of fraud, if any, by communicating that decision to the applicant and to the user.

4. The resolution by way of fraud shall be of an administrative act and shall include as many circumstances as may contribute to the accuracy of the time of the fraud.

The above resolution shall determine the amount of the amount necessary to remedy the fraud, as well as the costs incurred in the inspection of the facilities.

5. If the user does not make payment of the amount of the official settlement of the fraud within one month or does not make the deposit of the fraud, the provisions of Article 40.4 of the suspension of the contract shall be provided with termination of the contract.

6. In cases where the investigation of a fraud, carried out at the request of the distributor or marketer, is negative, that is to say, there is no evidence of fraud, all the costs arising from it shall be borne by the petitioner. of the investigation.

CHAPTER X

Quality of natural gas supply

Article 63. Quality of natural gas.

1. The quality limits of natural gas in relation to its composition, heat-power and other characteristics of the quality of the product, for the supply correspond to those applicable to the gas of the group H, second family, according to the gas classification of standard UNE-EN-437, and must comply with the requirements of the System Technical Management Standards.

The carrier shall have gas quality measurement equipment as provided for in the System Technical Management Standards.

2. The Minister of Economy, after the National Energy Commission report, will approve the conditions of quality of supply and quality of service, as well as the consequences of the failure to comply with it.

Article 64. Odorization of natural gas.

Natural gas must be odorized, so that any leakage can be easily detected by normal human smell when there is a mixture whose volumetric concentration is a fifth of the limit corresponding to the limit less flammability.

Carriers will deliver the odorized natural gas in distribution networks or to customers directly connected to their networks. Distributors must ensure that the natural gas they deliver to consumers has the characteristic odour, adding odorant compounds in the required proportion when necessary.

Article 65. Definition of supply disruption.

1. The supply of natural gas shall be considered to be interrupted when the supply is made below the pressures set out in the following paragraph.

2. The minimum pressures on the supply points, in the natural gas distribution networks, below which the supply disruption will be considered, are as follows:

a) 18 mbar relative if they are located in a maximum service pressure network less than or equal to 0,05 bar relative.

b) 50 mbar relative if they are located in a maximum service pressure net of more than 0,05 bar relative to 0,4 bar relative.

c) 0,4 relative bar if they are located in a maximum service pressure net of more than 0,4 bar relative to 4 relative bar.

(d) 3 bar relative if they are located in a high pressure network of maximum service pressure greater than 4 bar relative to 16 relative bar.

e) 16 relative bar if they are located in a high service maximum pressure high pressure network above 16 relative bar.

Article 66. Natural gas supply disruptions.

1. Where, in the case of customers at tariff rates, supply interruptions are produced, the supplier company will apply a rebate of 10 per 100 on the monthly invoices for the subscribers concerned for each of the two interruptions. registered at the point of supply in the month, provided none of them exceed five hours.

2. In the case of customers supplied through a marketing company, the 10% discount will be applied on the tolls to be paid by the trader, provided that the interruption of the supply is not attributable to the performance of the is.

In respect of the discounts applicable by the marketing companies to their customers due to interruptions of the natural gas supply, the conditions agreed between the parties will be met.

3. If the duration of those service interruptions is longer than five hours and less than one day, in the case of customers receiving tariffs and customers supplied by a marketing person, for the purposes of calculating the discount applicable, each supply interruption shall be computed as two interrupts. If the interruption lasts for one or more days, three interrupts per day of interrupted supply will be computed. However, the discount may not exceed 50 per 100 of the amount of the invoice.

4. The payment of the amounts due shall be made in the following two months.

5. Where the supply disruption is due to causes of force majeure or scheduled maintenance of the facilities, the reductions in the monthly billing of the customers at rates and the tolls cited above shall not apply.

6. All of the above shall apply without prejudice to the civil liability which may result from damage caused as a result of the interruption of supply.

7. The provisions of this Article shall not apply to supplies which are considered to be interruptible.

TITLE IV

Authorization procedures for storage, regasification, transport, and distribution facilities

Article 67. Object.

1. The purpose of this Title is to regulate procedures for the granting of administrative authorisations for the construction, modification, operation, transmission and closure of installations covered by the basic gas network. natural gas, defined in accordance with the provisions of Article 59 of Law 34/1998 of 7 October 1998, of the Hydrocarbons Sector, and of those other secondary transport and natural gas distribution facilities when their use affects more of a Autonomous Community or where the transport or distribution is outside the territorial scope of a of them.

2. By way of derogation from the previous paragraph of this Article, it is excluded from the system of authorisation set out in this Royal Decree that natural gas storage facilities in underground structures, which will be governed by the specific regulation on exploration, research and exploitation of hydrocarbon deposits.

CHAPTER I

General provisions

Article 68. Coordination with urban planning.

1. The planning of the transport and distribution facilities for natural gas and ancillary facilities where they are located or run on non-urban land shall be taken into account in the relevant instrument of management of the territory. In addition, and to the extent that such facilities are located in any of the categories of land which are classified as urban or urbanizable, such planning shall be provided for in the relevant urban planning instrument, specifying the possible facilities, properly qualifying the land and establishing, in both cases, the soil reserves necessary for the location of the new installations and the protection of the existing facilities.

2. In cases where the planning for the development of the planning instruments described in the previous paragraph has not been taken into account, or where the reasons for urgency or exceptional interest for the supply of fuels are not taken into account (a) the establishment of transport or distribution facilities, and provided that, under other laws, an instrument for the planning of the territory or town planning according to the type of soil concerned is required; the provisions of Article 244 of the recast text of the Law on the Soil Regime and Urban Planning, approved by the Royal Legislative Decree 1/1992, of June 26, or the corresponding autonomous text. Such effects shall be considered to be of general interest.

Article 69. Authorization of the facilities of the General Administration of the State. Competent bodies.

1. The powers over the facilities described in the previous article 67.1 are owned by the General Administration of the State and will be exercised by the General Directorate of Energy Policy and Mines of the Ministry of Economy, without prejudice to the of what is indicated in the following points of this article.

2. The processing of the files of administrative authorisations, of recognition in particular of public utility and approval of project of execution of gas installations shall be carried out by the Directorates of the areas or, if necessary, Industry and Energy dependencies of the Government of the provinces where the installation is to be located.

3. In any case, it shall be for the Directorates of the areas or, where appropriate, the Industry and Energy dependencies of the Delegations or Subdelegations of the Government of the provinces where the installation is to be provided, the lifting of the service both of the new facilities described in the previous Article 67 and of their extensions and modifications.

4. The construction or any type of works by third parties, affecting the area of servitude of gas transport pipelines, as well as the crossing of installations of other services with such gas pipelines, or any other condition to the area of servitude of the same, must be requested to the above addresses of the areas or, where appropriate, dependencies of Industry and Energy that, prior to the required report to the company holder of the channels of gas, they will resolve in relation to the granting of the corresponding permissions.

5. The processing of the expropriatory file once the public utility is recognized will be the responsibility of the Delegation of the Government concerned, within the meaning of Article 23 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

CHAPTER II

Authorizations for building, extending, modifying, and operating installations

Article 70. Administrative acts of the authorization.

1. The construction, extension, modification and operation of all the gas installations referred to in Article 67.1 of this Royal Decree require the following administrative decisions:

(a) Administrative authorization, which refers to the generic project of the installation as a technical-economic document to be processed, if appropriate, in conjunction with the environmental impact study, and grants the authorized company the right to perform a particular installation under certain conditions.

b) Approval of the project details of the installations or of the execution of the installations, which refers to the concrete project of the installation and allows its holder to carry out the construction or establishment of the facility.

(c) Authorisation of exploitation, which allows, after the project has been implemented, to gas the installations and to proceed to their commercial exploitation, and will be concretized by the lifting of the act of putting into service of the facilities.

2. Applications for administrative authorisation and approval of the implementing project as defined in paragraphs (a) and (b) of this Article may be carried out jointly or separately.

3. Notwithstanding the above, for those modifications which do not imply alteration of the basic technical and safety characteristics of both the main installation and its auxiliary facilities in service, understanding of the characteristics basic techniques the pressure, diameter of the pipes, transport capacity, shunt points and fundamental measuring and sectioning devices, storage capacity, regasification capacity, LNG discharge capacity, etc., and no concrete statement of public utility is required for the implementation of the proposed amendments, or in the case of provisional points of connection, the granting of the acts provided for in paragraphs (a) and (b) of this Article shall not be necessary, even if they are subject to accreditation the safety regulations, to the operating authorisation provided for in the preceding subparagraph (c) of this Article.

4. Irrespective of the administrative acts relating to the authorisation of the installations provided for in this Article, the remuneration scheme and its inclusion in the economic scheme applicable to such installations shall be governed by the provisions of this Article. In the case of the Royal Decree 949/2001 of 3 August, which regulates the access of third parties to the gas installations and establishes an integrated economic system of the natural gas sector, and the provisions that develop it.

Article 71. Form of authorisation of new installations of the basic natural gas network.

1. The administrative authorities of the new installations covered by the basic natural gas network, which are covered by the hydrocarbon planning provided for in Article 4 of Law 34/1998 of 7 October 1998, of the Hydrocarbons must be granted preferably by the concurrency system, as provided for in this Royal Decree, by means of a public tender promoted and resolved by the General Directorate of Energy Policy and Mines of the Ministry In order to ensure their transparency, objectivity and free competition.

2. Notwithstanding the above, and exceptionally, the undertakings concerned must undertake some new installation of the basic natural gas network, considering the need for the natural gas network, for which it has not yet been initiated. The concurrency procedure referred to in the preceding paragraph may be granted directly to the authorization of such an installation.

The Directorate General for Energy Policy and Mines, after having received an application for authorization directly from a given facility, will seek, in case it has not previously been produced, a proposal from the System technician in relation to the need to undertake the installation requested for the gas system, in accordance with the provisions of paragraph (h) of Article 64 of Law 34/1998, regarding the extension of the network Natural gas base. In view of the aforementioned proposal of the Technical Manager of the System, and prior report of the National Energy Commission, the Directorate General of Energy Policy and Mines will be able to resolve on the form of authorization of the aforementioned installation.

3. In any event, and irrespective of the form of authorisation of the gas installations, the general authorisation procedure for such installations must comply with the provisions of Article 70 of this Royal Decree on administrative acts of the authorization.

Article 72. Authorization of facilities directly.

1. In the event that the grant of the direct authorisation of a particular new facility within the basic natural gas network has been estimated, as provided for in paragraph 2 of the previous Article, it shall be notified to the Commission. to the applicant for the new installation, with a period of six months to proceed with the submission of an application for administrative authorisation, in accordance with the provisions of Articles 75 et seq. of this Royal Decree.

2. After the previous period without the corresponding application for administrative authorisation has been submitted, the Directorate-General for Energy Policy and Mines of the Ministry of Economic Affairs may authorise such installation by means of concurrency procedure or entrusting the carrier who is performing the functions of System Technical Manager to carry out the projects and subsequent construction of the facilities.

3. The administrative authorisations for the extensions and modifications of the operating gas installations shall be granted directly upon application by the holder of the extensions and modifications, in which the necessary justification shall be given for the The request is made. In addition, all facilities not included in the basic natural gas network may be directly authorised.

Article 73. Authorization of facilities by concurrency procedure.

When an installation is to be authorized by a concurrency procedure, the General Directorate of Energy Policy and Mines of the Ministry of Economy will decide according to the following procedure:

1. It will publish in the "Official State Gazette" the basis of the contest for granting the administrative authorization of a gas installation, prior to the report of the National Energy Commission.

2. They shall determine the form of submission of tenders, the time limits and the criteria for the assessment of tenders, the technical characteristics of the installation, the maximum amount of remuneration for the investment in those facilities, and the sureties to be constituted by the applicants.

3. The content of the application for submission to the concurrence procedure shall require the submission of a summary memo, which shall contain the following:

a) Location of the installation or, in the case of pipelines, origin, orientation and end of the installation.

b) The object of the installation.

c) Main features of the same.

d) Situation plane.

e) Estimated budget and remuneration conditions of the offered facility.

(f) The time limits for the application for administrative authorisation, for the approval of the project for details of the installations, as well as the time limit for the execution of the works and the putting into service of the installations.

g) The documentation that accredits the applicant's capacity in the terms set out in Article 74.

4. They may also, where appropriate, incorporate conditions relating to the use of the plant for the cessation of the operation of the installation by the holder and which may result in the removal of the installation or the removal of such conditions.

5. After the end of the period of receipt of tenders, the Directorate-General for Energy Policy and Mines shall award the tender within the time limit laid down in the terms of the tender.

6. The competition will be decided by the General Directorate of Energy Policy and Mines in accordance with the principles of the competition, prior to the report of the National Energy Commission.

7. The resolution of the concurrency procedure shall be notified within two months of the end of the time limit for the receipt of tenders, to the concurrent undertakings, and shall constitute the winning undertaking of the contest within one month, in favour of the Directorate-General for Energy Policy and Mines, a deposit of 2 per 100 of the planned budget of the facilities.

The said security may be executed if, once the time limits provided for in the tender submitted, the contracting company has not complied with the obligations attributable to it arising from the competition.

8. After the periods referred to in the preceding paragraph, the carrier undertaking which was not the recipient of the concurrency procedure would have lodged the security or the corresponding application for administrative authorization, or where it had The General Directorate of Energy Policy and Mines may entrust to the carrier that it is carrying out the functions of the Technical Manager of the System that carries out the realization of the projects and the subsequent construction of the facilities, in the case of installations of the network natural gas which, in accordance with Article 4 of Law No 34/1998, has a mandatory and minimum requirement for the guarantee of supply, in energy planning, who must, within a period of six months, present the corresponding application for the administrative authorisation of the new installation, the corresponding investment being paid for the maximum amount indicated on the basis of the tender.

9. In the case of nullity of the application for administrative authorisation during the concession procedure, the procedure shall be similar to the provisions of the preceding paragraph.

Article 74. Capacity of the applicant.

Applicants for the authorisations of natural gas transport and distribution facilities referred to in this Title shall comply with the requirements laid down for the development of this activity in the Articles 5 and 9 of this Royal Decree, respectively, relating to the requirements of the subjects for the exercise of the activity of transport and distribution, and to credit their legal, technical and economic capacity for the realization of the project.

Article 75. Request for administrative authority.

1. Applications for the administrative authorisations referred to in this Chapter shall be addressed to the Directorate-General for Energy Policy and Mines of the Ministry of Economy and shall meet the requirements laid down in Article 70 of the Treaty. Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The petitioner shall submit the corresponding application for administrative authorization, for the construction, extension, modification and/or operation of gas storage facilities, regasification, transportation and/or distribution to the Directorate-General for Energy Policy and Mines, or to the Directorates of the Areas or, where appropriate, the Industry and Energy dependencies of the Government of the provinces where the installation is located. Similarly, the corresponding applications may be submitted to any of the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

2. The authorisations referred to in this Title shall be granted, without prejudice to any concessions and authorizations which are necessary, in accordance with other provisions applicable, and in particular those relating to the organisation of the territory and the environment.

3. The new facilities included in the basic natural gas network for which administrative authorisation is requested shall be included in the gas planning. Exceptionally, new installations may be incorporated where, having been presented as an unforeseen event, it is advisable and the planning criteria laid down are met.

4. The exceptional actions considered in point 3 must be proposed by the Technical Manager of the System explaining the reasons for its functionality, corresponding to the General Direction of Energy Policy and Mines. prior report of the National Energy Commission.

Article 76. Content of the administrative authorization request.

The application shall be accompanied by the documentation certifying the applicant's capacity in the terms set out in the previous Article 74.

A project of the installation will also be accompanied to the request, which must contain at least:

A) Memory in which the following specifications are entered:

a) Location of the facility or, in the case of transport or distribution facilities for natural gas, origin, route and end thereof.

b) The object of the installation.

c) Main features of the same.

B) Installation Planes at a minimum scale of 1:50,000.

C) Estimated budget of the same.

(D) Technical separations concerning the conditions, where appropriate, of the installation of goods or services dependent on public administrations, public service bodies and undertakings or services of general interest.

E) Other data which the Administration responsible for handling the file considers appropriate to claim.

Article 77. Environmental impact assessment procedures.

Projects for storage facilities, regasification, transport and distribution of natural gas and complementary facilities shall be subject to environmental impact assessment where required by applicable legislation in matter.

For such purposes, the necessary public information in accordance with the environmental impact assessment regulations will be carried out in this phase of administrative authorization.

Article 78. Public information.

1. Applications made in accordance with Article 75 shall be subject to the processing of public information within 20 days of which an announcement shall be inserted in the 'Official Gazette' of the province or provinces in which they are to be inserted. the installation or "Official Journal" of the respective Autonomous Communities, as well as in the "Official State Gazette" and in two of the most widely distributed newspapers in the relevant territorial area. In the event that the installation affects more than one province, the publication of the notice in the "Official State Gazette" shall be carried out by the Directorate of the Area or, where appropriate, the Industry and Energy Department of the Delegation or Subdelegation of the Government in whose province the installation originates.

During the 20-day period, the parties concerned may make representations to the parties that they deem appropriate.

2. Where the administrative authorisation and the public utility declaration are requested at the same time, the public information referred to in the preceding paragraph shall be made in conjunction with that of the declaration of public utility.

Article 79. Allegations.

Of the allegations presented, if any, as a result of the public information, the petitioner will be transferred, so that he, in turn, communicates to the Directorate of the area or, if necessary, dependencies of Industry and Energy, of the delegations or subdelegations of the Government of the provinces responsible for processing, which it considers appropriate within a period of not more than 15 days. The Directorates of the area or, where appropriate, the Department of Industry and Energy shall forward the allegations received in their respective provinces and the statements of the petitioner in relation to the same to the Directorate-General for Energy Policy. and Mines of the Ministry of Economy.

Article 80. Information to other public administrations.

1. The Administration responsible for the processing shall transfer to the various administrations, agencies or, where appropriate, public service companies or services of general interest of the documentation relating to the part that the installation may affect goods and rights in his or her capacity.

2. To the above, it shall be forwarded by the competent authority for the processing of the file, a separate part of the project, containing the general characteristics of the installation and the corresponding cartographic documentation and, in its Case, a summary document of the environmental impact study, in order that within 20 days they will be in conformity or opposition to the requested authorisation.

After that period without the different Administrations, agencies or companies of public service or services of general interest affected in their assets and rights have replied, the Administration in charge of the It will reiterate the requirement for a new ten-day deadline to be pronounced on conformity or opposition to the installation. After the period of reiteration without having produced the answer of the Administration, agency or company required, the conformity of that Administration with the authorization of the installation shall be understood. The above shall be without prejudice to the authorisations to be granted to those administrations.

3. The Administration responsible for processing shall transfer to the applicant the acceptance or opposition, in accordance with the provisions of the preceding paragraph, so that, within 15 days, he or she shall give his or her conformity or make the reservations which he considers to be from.

4. In the case of objections from the petitioner, they shall be transferred to the public service administration, body or undertaking or services of general interest which the opposition has formulated, in order that within 15 days it shall show its conformity or (i) the answer to the question On the expiry of that period without the General Administration, public service bodies or undertakings or services of general interest referred to in the new letter of objections, the following shall be understood as having regard to the reply made by the requester.

Article 81. Resolution of the authorization.

1. Completed the procedures for public information and requests for reports to other administrations and bodies, referred to in Articles 79 and 80, the Directorates of the areas or, where appropriate, the Department of Industry and Energy, of the Delegations or sub-delegations of the Government of the provinces where the installation will be sent to the Directorate-General for Energy Policy and Mines of the Ministry of Economy, the administrative files of the installation, together with their reports, as well as the corresponding project of the same.

In the event that the installation will affect several provinces, the project will be submitted by the administrative body that has carried out the processing in the province where the corresponding installation has its origin. Gist.

2. In the case of new installations, the Directorate-General for Energy Policy and Mines will forward the motion for a resolution to the National Energy Commission, which must issue a report on a mandatory basis.

3. Once the dossiers and reports indicated in the preceding paragraphs have been received, the Directorate-General for Energy Policy and Mines will decide on the authorization of the requested installation and will notify the resolution within six months of the the submission of the application for administrative authorisation.

4. The lack of express resolution of the applications for authorization shall have an adverse effect, in accordance with the provisions of Article 67.3 of Law 34/1998 of 7 October of the Hydrocarbons Sector, and may be brought, where appropriate, to the administrative appeal to the relevant authority.

5. The decision shall be published in the "Official Gazette" and in the "Official Gazette" of the respective provinces and shall be notified to the applicant.

6. The administrative authorization shall express the period of time counted from its granting in which the approval of the implementing project shall be requested, indicating that its expiry shall be produced if that period has not elapsed. requested, and may be requested by the petitioner, for justified reasons, extensions of the time limit set.

7. The authorisations of distribution facilities shall include, among their requirements, the specific delimitation of the area in which the gas supply is to be provided by the distribution company, the network expansion commitments in that area and, their case, the time limit for the implementation of the facilities provided for in the approved project.

Article 82. Constitution of bail.

Once the administrative authorization for a new gas installation has been granted, and for the purpose of ensuring compliance with the obligations arising from it, the holder must constitute a security or guarantee 2 per 100 of the budget of the facilities concerned, at the disposal of the Director-General of Energy Policy and Mines of the Ministry of Economy.

Such a security or guarantee shall be returned to the person concerned once, in the form of the act of putting into service of the facilities, the person concerned so requests and justifies the fulfilment of his obligations arising from the authorisation.

For the purposes of this Article, the application of the deposit lodged in accordance with point 7 of the previous Article 73 may be applied in the case of installations authorized by the procedure of concurrency.

Article 83. Request for approval of the execution project.

1. Applications for the approval of projects for the execution of gas installations shall be directed to the Directorate-General for Energy Policy and Mines of the Ministry of Economy, by the holders or petitioners of an administrative authorization. of those provided for in Article 75 of this Royal Decree, and must meet the requirements laid down in Article 70 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Administrative Procedure Common.

2. The petitioner shall submit the corresponding application for approval of the project of execution of the facilities for the construction, extension or modification of gas installations, before the General Directorate of Energy Policy and Mines, or in the Directorates of the areas or, where appropriate, Industry and Energy dependencies of the Delegations or Subdelegations of the Government of the provinces where the installation is located. Similarly, the corresponding applications may be submitted to any of the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

3. The application shall be accompanied by the project for the implementation of the facilities drawn up in accordance with the technical and safety regulations in force in this area, as well as technical separatons for those parts of the project. affecting goods, installations, works or services, centres or areas dependent on other administrations, bodies or, where appropriate, public service undertakings or services of general interest, for the purpose of establishing technical conditions from.

4. In the case of gas installations of an interprovincial nature, the procedure indicated in the previous number by provinces shall be carried out, presenting at least for each of the provinces concerned the corresponding part of the project of the installation and their separatons.

5. The Directorates of the areas or, where appropriate, departments of Industry and Energy, of the Delegations or Subdelegations of the Government in whose provinces the provinces are located or discurrate shall be responsible for the approval of the draft implementing project. the installation.

Article 84. Project conditioning and approval.

1. The competent authority for the processing of the file shall forward the separatons of the project submitted to the various administrations, public service bodies or undertakings or services of general interest concerned, with goods and services. they have not already granted their authorization, grant, permit or licence with the corresponding conditional on the stage of administrative authorization, in order to establish the technical condition from which they must be made, within 20 years days.

2. It will not be necessary to obtain such a condition:

(a) When the different administrations, bodies and companies mentioned have agreed, in accordance with the Ministry of Economy or the corresponding Autonomous Departments, general rules for the establishment of the facilities or for the crossing or the contiguous nature of the gas pipeline with the goods, facilities, works, services, centres or areas referred to in the previous Article.

(b) Where the respective separatons are sent for 20 days and the request has been repeated 10 more days without response, the technical specifications proposed by the Commission shall be adopted. requester of the installation in the execution project.

3. The applicant shall be transferred to the established conditions, so that within 15 days he shall give his agreement or make any objections which he considers to have been made.

4. The reply of the petitioner shall be transferred to the Administration, public service bodies or undertakings or services of general interest which issued the corresponding technical condition, in order to show his or her conformity or repair to that response. On the expiry of that period without the Administration, bodies or undertakings of public service or services of general interest quoted as having issued a new statement of objections concerning their condition, the answer to the question shall be understood as conditioned by the requester.

5. If the above procedures are completed, the Directorate for the area or, where appropriate, the Industry and Energy Agency shall, if it considers it appropriate, practice recognition on the spot and shall bring together the technical conditions, if any, and shall raise the report on the approval of the implementation project to the Directorate-General for Energy Policy and Mines, together with the corresponding project implementing it. In the event that the installation affects several provinces, the project will be submitted by the administrative body that has carried out the processing in the province where the corresponding gas installation is based.

6. Without prejudice to the provisions of paragraph 4 above and to the assumption that the discrepancy in terms of the technical condition between the applicant for the installation and some administration or body is maintained, the Directorate-General for Policy Energy and Mines may either resolve by collecting the technical conditions laid down in the conditionon, or, if it disagrees with it, shall forward a motion for a resolution to the Minister for Economic Affairs, for elevation to the Council of Ministers.

7. The competent body must resolve and notify the relevant decision within three months. The absence of an express resolution will have a disestimatory effect, in accordance with the provisions of Article 67.3 of Law 34/1998 of 7 October of the Hydrocarbons Sector, which may be brought, if appropriate, by administrative appeal to the appropriate authority.

8. The resolution must be notified to the petitioner.

9. The approval of the execution project constitutes the resolution enabling the holder of the project to construct the intended installation.

10. The resolution shall express the period of time, counted from its grant, in which the execution of the installation is planned.

Article 85. Authorisation of holding. Minutes of commissioning.

1. Once the project has been implemented, the corresponding application for the entry-in-service act shall be submitted to the Directorates of the areas or, where appropriate, Industry and Energy dependencies, of the respective Delegations or Subdelegations of the Government. who have processed the case by provinces.

This application shall be accompanied by a certificate of end of work signed by a competent technical expert, stating that the installation has been carried out in accordance with the regulations and specifications provided for in the project. of the approved implementation, as well as the requirements of the technical and safety regulations applicable to the installations which are the subject of the project.

2. The entry-in-service report shall be drawn up by the Directorates of the areas or, where appropriate, the Department of Industry and Energy, of the respective delegations or sub-delegations of the Government, who have dealt with the dossier within one month. prior to any technical checks deemed appropriate. If it is a gas installation affecting different provinces, the entry into service of each of them shall be carried out.

During that period, the relevant Directorates of the areas or, where appropriate, Industry and Energy dependencies, of the Government Delegations or Subdelegations, at the request of the operator of the installation, may extend the putting into service for testing of the same.

3. Similarly, the said area directorates or, where appropriate, industry and energy departments may extend, at the request of the person concerned, partial service proceedings for certain parts of the project where the petitioner justifies the the need for its operation before the project is completed.

4. The Directorates of the areas or, where appropriate, the Department of Industry and Energy, of the Delegations or Subdelegations of the Government, will have to put to the attention of the Directorate General of Energy Policy and Mines the date of putting into service the facilities, by sending a copy, within one month, of the corresponding entry-in-service record. It shall also send a copy of the minutes to the holder of the premises.

CHAPTER III

Transmission of installations

Article 86. Request.

1. The application for administrative authorisation for the transmission of the ownership of a natural gas storage, regasification, transport or distribution facility shall be addressed to the Directorate-General for Energy Policy and Mines of the Ministry of Economy for who intends to acquire ownership of the facility.

The application must be accompanied by the documentation to enable the applicant to prove the legal, technical and economic capacity of the applicant, as well as a declaration by the owner of the installation in which he expresses his will to transmit that entitlement.

Article 87. Transmission of installations.

The Directorate General for Energy Policy and Mines, prior to the report of the National Energy Commission, on the request, will resolve and notify the request within three months. The absence of an express resolution in time will have an adverse effect, in accordance with the provisions of Article 67.3 of Law 34/1998 of 7 October of the Hydrocarbons Sector, and may be brought, where appropriate, to administrative action before the Court of Justice. the appropriate authority.

Upon granting, the applicant shall have a period of six months to carry out the transmission of the ownership of the installation. Authorization expiration will occur if the authorization has not taken place.

The resolution shall be notified to the applicant and to the transferor. Granted the authorisation, the applicant shall communicate to the Directorate-General for Energy Policy and Mines the transmission within one month of the date of its implementation.

CHAPTER IV

Facility Closure Authority

Article 88. Request for facility closure authorization.

1. The holder of the storage, regasification, transport or distribution of natural gas intended for the closure of the installation shall direct the application for the administrative approval of the closure, which shall meet the requirements set out above. In Article 70 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, to the General Directorate of Energy Policy and Mines of the Ministry of Economy.

2. The applicant shall submit the corresponding application for the closure of the installation to the Directorate-General for Energy Policy and Mines or in the Directorates of the areas or, where appropriate, Industry and Energy dependencies of the Delegations or Sub-delegations of the Government of the provinces where the installation is located. Similarly, the corresponding applications may be submitted to any of the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

3. The holder of the installation shall accompany the application for a closure project, which shall contain at least one memory, detailing the technical, economic, environmental or any other order, for which the project is intended. closing, as well as the updated plans of the appropriate scale installation.

4. The application may be accompanied by a plan to dismantle the installation, in the event that the applicant so intends.

Article 89. Procedures for the request to close facilities.

1. The processing of the application shall be carried out by the Directorate of the Area or, where appropriate, the Industry and Energy dependency of the relevant Government Delegations or Subdelegations.

2. In the case of installations under the technical management of the System Technical Manager, the System Technical Manager will issue prior report on the request for closure authorization.

3. In the case of transport installations whose approval of closure is to be granted by the Autonomous Communities, they shall request a report prior to the Directorate-General for Energy Policy and Mines, in which the latter shall record the possible conditions of closing the installation to the network development plans and to the technical management of the system.

Article 90. Granting the facility closure authority.

1. The Directorate for the Area or, where appropriate, Industry and Energy dependency of the relevant Government Delegations or Subdelegations, shall raise the closure application file together with its report to the Directorate-General for Energy Policy and Mines of the Ministry of Economy, who shall, after reporting by the National Energy Commission, resolve and report on the authorization to close the facility within three months.

The lack of an express resolution will have a disestimatory effect, in accordance with the provisions of Article 67.3 of Law 34/1998 of 7 October of the Hydrocarbons Sector, and may be brought, if appropriate, to the administrative authority to the relevant authority.

2. In any event, the authorisation to close the installation may impose the obligation on the operator to complete the decommissioning.

The resolution shall express the period of time counted from its granting in which the closure and, where appropriate, the dismantling of the facility shall be made, indicating that the expiry of the authorization if the time limit has not taken place.

3. The decision shall be notified to the applicant and shall be published, in any case, in the "Official State Gazette" and in the "Official Gazette" of the provinces in which the installation is to be provided.

Article 91. Closing minutes.

Granted the closing authorisation, by the Area Directorate or, where appropriate, the Industry and Energy dependency of the relevant Government Delegation or Subdelegations and prior to the technical checks considered appropriate, closing minutes shall be lifted when the closure is made effective.

CHAPTER V

Public domain occupation rights, forced expropriation, easements and property limitations

Article 92. Public utility recognition.

1. For the purposes of public utility recognition of natural gas transmission and distribution facilities by channelling and ancillary facilities, the undertaking concerned shall be required to request it, including a specific relationship and individualised goods or rights which the applicant considers to be necessary for expropriation or occupation.

2. Holders of authorizations for the construction, extension and modification of transport and distribution facilities for natural gas by pipeline will enjoy the benefit of forced expropriation and temporary occupation of the goods and rights that require the necessary facilities and services, as well as the easement of pass and domain limitations, in cases where it is necessary for access routes and lines of gas and ancillary facilities necessary for its operation; such as electrical supply, cathodic protection, telemando and tele-processing facilities, and gas distribution, including those necessary to take care of the monitoring, conservation and repair of the facilities. All this in accordance with the provisions of Article 103 of Law 34/1998 of 7 October of the Hydrocarbons Sector.

Article 93. Hotlines.

The construction of direct lines referred to in Article 78 of Law 34/1998 of 7 October of the Hydrocarbons Sector is excluded from the declaration of public utility, as well as from the provisions on of expropriation and easements are laid down in this Chapter, subject to the general legal order.

Article 94. Resources.

Against the decisions given in the matter of expropriation and the imposition of servitude, the resources provided for in the Law on Compulsory Expropriation, of 16 December 1954, and other applicable regulations, will fit.

Article 95. Public utility recognition request.

1. For the recognition, in particular, of the public utility of the facilities referred to in Article 92, the applicant must make a corresponding application to the Directorate-General for Energy Policy and Mines of the Ministry of Economy with the requirements set out in Article 70 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The petitioner shall submit the corresponding application for recognition, in particular, of the public utility of the facilities to the Directorate-General for Energy Policy and Mines, or in the Directorates of the areas or, where appropriate, Industry and Energy of the Delegations or Subdelegations of the Government of the provinces where the installation is located. Similarly, the corresponding applications may be submitted to any of the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

3. The application for recognition in particular of a public utility may be carried out either simultaneously with the application for administrative authorization and/or approval of the implementing project or after obtaining the administrative authority.

4. The application shall be accompanied by a technical document and an annex of project conditions containing the following documentation:

a) Supporting memory and technical features of the installation.

b) General situation Planes, at a minimum scale of 1:25,000.

c) Parcelaries with identification of affected farms according to the project, situation of tracing of the channelings and auxiliary facilities and resulting conditions.

(d) the relationship of the various public administrations concerned, where the installation may affect the domain, use or public service or property assets of the State, Autonomous Community and Local Corporations, or works and services attributed to their respective competencies.

(e) a specific and individualized relationship, describing, in all aspects, material and legal, the goods or rights that it considers necessary expropriation, whether it is the full domain of land as well as Pass easements and domain limitations and complementary services in their case, such as access paths or other ancillary facilities.

5. The Directorates of the areas or, where appropriate, Industry and Energy dependencies of the Delegations or Subdelegations of the Government in whose provinces the departments are located or the departments of the Government in which the provinces are located, shall be competent for the processing of the application files. discurrates the installation.

Article 96. Public information.

The application for recognition, in particular, of public utility, together with the technical document referred to in the previous article, shall be submitted to the public information procedure for the period of 20 days.

To this effect, it will be inserted, with the concrete and individualized relationship of the goods and rights affected by the procedure of forced expropriation of the full domain, by limitations of dominion, or for the imposition of easement of the gas installations, and their auxiliary facilities, in the "Official State Gazette" and in the "Official Gazette" of the affected provinces.

The announcement will also be published in two of the largest newspapers in each of the affected provinces.

In addition, this information will be communicated to the Ayaldones in whose municipal terms they radiate the goods or rights affected by the installation, for their exposure to the public, in the board of edicts of the Aymunos affected for the same period of time.

The established public information referred to in this article, in accordance with the provisions of Article 78 of this Royal Decree, may be carried out in conjunction with that of the administrative authorization provided for in this article. Title.

Article 97. Allegations.

If, as a result of the information in question, claims have been made in accordance with the foregoing Article, they shall be brought to the attention of the applicant in order to enable him to communicate to the body responsible for the (a) the processing of such claims and the statements of the petitioner to the Directorate-General for Energy Policy and the statements of the applicant to the Directorate-General for Energy Policy, which shall, together with the remainder of the file, be processed; Mines, as well as, in the case of necessary expropriation, a report based on the project presented, on compliance with the conditions laid down in Article 95 of this Royal Decree.

Article 98. Information to other public administrations.

1. The body responsible for processing the file, simultaneously with the processing of public information, shall take account of the request and of the part of the technical document by which the various administrations, agencies, service companies the public or services of general interest are affected, in order to ensure that the relevant report is issued. It shall be understood that there is no objection when the request has been made for ten more days without receiving a reply from those authorities or public bodies or undertakings.

2. The reporting procedure referred to in the preceding paragraph shall be deemed to be carried out where, in the case of the public utility declaration having been jointly requested with the approval of the implementing project, the requirements and formalities laid down in Article 80 of this Royal Decree.

Article 99. Opposition or objection.

1. If, in accordance with the provisions of the preceding Article, objections have been raised by the general government, public service bodies or undertakings or services of general interest consulted, the latter shall be notified to the institution. the applicant, in order to make the corresponding corrections within a period of 15 days or to formulate the reasons why it is not possible to address such objections.

2. This reply shall be forwarded by the Administration which deals with the file to the public authorities or bodies or public service undertakings or services of general interest which have formulated them so that within 15 days provide their conformity or repair with the same. Their conformity shall be understood if, within this period, the said administrations or bodies do not issue a new letter of repair.

Article 100. Resolution.

1. The decision on the recognition in particular of the public utility shall be the responsibility of the Directorate-General for Energy Policy and Mines, if the authorisation is a State competence, except in the case where the oppositions or objections on the declaration of public utility by the governments or public bodies consulted and the Ministry of Economic Affairs will disagree with its proposals, in which case the resolution of the file will correspond to the Council of Ministers.

In any event, the competent body shall issue and notify the relevant decision within six months from the date on which the application has entered the register of that body.

2. The resolution will be published in the "Official State Gazette" and in the "Official Gazette" of the affected provinces or provinces.

The resolution shall be notified to the applicant and to those affected as provided for in Article 52 of the Compulsory Expropriation Act.

Article 101. Effects of public utility recognition in particular.

1. The recognition in particular of the public utility will imply the necessity of occupation of the goods or of acquisition of the affected rights and will involve the urgent occupation for the purposes of article 52 of the Law of Compulsory Expropriation, acquiring the applicant company as a beneficiary in the expropriatory file, in accordance with the provisions of Article 2.2 of the Compulsory Expropriation Act.

2. The authorization shall also be implied for the establishment of the gas installation, on grounds of domain, use or public service, or property of the State, or of the Autonomous Communities, or of public or communal use of the Province or municipality, works and services of the same and areas of public servitude.

Article 102. Expropriation procedure.

Recognized the public utility of the installation, will be initiated by the corresponding Government Delegations, the expropriatory actions, according to the urgency procedure established in Article 52 of the Law of Compulsory and consistent expropriation of its Regulation, the period of one month being applicable for the notification to the persons concerned and the publications referred to in Article 52 (2) of the Law on Compulsory Expropriation, proceeding to the compulsory expropriation of the full domain of the land and rights necessary for the construction of the same and of its ancillary or ancillary services, where appropriate, or the establishment of the limitations of the domain or the constitution of the corresponding pass-through easement.

Article 103. Acquisition by mutual agreement.

At any time, the applicant for the particular recognition of the public utility may freely agree with the holders of the necessary goods and rights the acquisition by mutual agreement of the same. This agreement, at the time of the public utility of the installation, will acquire the nature and effects provided for in Article 24 of the Compulsory Expropriation Act, thus causing the corresponding conclusion of the file Expropriation. In these cases, the contract for the acquisition of rights by mutual agreement signed, shall have for all effects the same scope as the act of occupation, the beneficiary of the declaration of public utility may, where appropriate, request from the authority competent the application of the mechanism set out in Article 59 of the Compulsory Expropriation Regulation.

Article 104. Expropriation at the instance of the owner of the servant.

1. When the easement of passing of the gas installations makes the exploitation of the predium uneconomical, the owner will be able to request from the Administration that it is expropriated said predium, acquiring the holder of the servitude the plenum domain over the same.

2. The specific causes of the economic damage as a result of the alteration of the basic operating conditions of the farm should be justified in the application.

3. The competent authority shall, in order to process the file, decide on this request within 10 days. In the event that the petition is denied, the provisions of Article 46 of the Compulsory Expropriation Act will be observed.

Article 105. Modification of the easement at the instance of the owner of the servant.

1. Constituted the easement of passage, the holder of the servant may request the change of the route of the gas pipeline if there are no technical difficulties, being at its cost the costs of variation.

2. The holder of the servant, who is interested in the variation of the layout of the pipeline provided for in the preceding number, may request the body responsible for processing the file, such variation in the case of no agreement to the with respect to the entity holding the gas pipeline.

3. The application shall provide proof of the prior conformity of the new owners affected by this variation, duly documented, as well as the formal commitment to cover all costs incurred.

4. This request shall be given to the beneficiary of the 15-day period of servitude, during which he shall submit the total budget of the costs of any order bearing such variation of layout and shall, where appropriate, make the allegations that you consider relevant.

5. The budget referred to in the previous paragraph shall be transferred to the owner of the servant to accept or reject it.

6. The competent authority shall decide and notify the application within a period of 15 days from the date on which the application has entered the register of the competent body, and shall express its views on the budget presented and indicating the period within which the works of the variation are to be carried out.

7. If the resolution is favourable to the variation, in order to bring it into effect, the applicant shall pay the full amount of the budget referred to in the previous paragraph to the gas pipeline operator.

Article 106. Variation of the route of the gas pipeline as a result of projects or plans approved by the Administration.

1. In the preparation by the various public administrations of projects or plans which may vary the layout of an existing gas pipeline, the entity holding the pipeline will be given an audience, in order to make the relevant claims on the technical, economic and any other order in respect of the variation to be projected.

2. In the case referred to in paragraph 1, the Directorate-General for Energy Policy and Mines or the regional body which is competent shall be issued with a report.

3. The competent authority on the project or plan which derives the need for variation of the gas pipeline, once it has been approved, shall pay the operator of the pipeline the cost of the variant and the damage caused.

Article 107. Causes of extinction of the pass-through easement.

The easement established for the execution of a gas transportation or distribution facility or auxiliary facility regulated by this Royal Decree will be extinguished:

a) By the removal of the installation. However, extinction will not occur because of the addition, change or repair of its elements.

(b) For lack of use of the same without justified cause for a period of nine years after the service has been interrupted.

c) By revoking or extinguishing the authorization on that installation.

d) For the other causes provided for in the Civil Code.

Article 108. Determination of the fair price and payment.

1. The occupation of the estate will be carried out, the corresponding case of fixing of the price and payment will be processed, according to the corresponding legislation in force regarding the forced expropriation and valuation of the soil.

2. The compensation for the value of the assets and rights to be expropriated shall be determined in accordance with the provisions of Chapter III of Title II of the Law on Compulsory Expropriation.

3. Compensation for the imposition of the pass-through easement shall comprise the following concepts:

a) The value of the land surface occupied by the width of the trench.

b) The amount of the demerit that in the servant's predium causes the servitude, the limitations in the use and use of the predium as a consequence of the passage for the surveillance, conservation and repair of the line of conduction of gas and the restrictions required for the safety of people and things.

(c) The compensation for damages arising from the temporary occupation of land for material deposits or for the development of the activities necessary for the installation and operation of the driving line gas.

In the compensation, the part of the total amount corresponding to each of these concepts must be independently indicated.

Article 109. Scope of the gas facility pass-through easement.

1. The easement of passage of the gas installations will tax the foreign goods in the form and with the scope that are determined in the Law of the Hydrocarbons Sector, in the present Royal Decree and in the general legislation on forced expropriation, and repudiate legal serfdom for the purposes of Article 542 of the Civil Code and the other with the concordant effects.

2. In the event that the facilities may be located on administrative easements already established, the authority or body which agreed to the imposition of the said serfdom shall be required to obtain the relevant report, and the measures shall be taken necessary to enable them to continue to be used, if they are compatible, or, failing that, to replace them, in accordance with that authority or body.

If the agreement is not possible, it shall be transferred or expropriated without prejudice to the compensation provided. As regards the occupation of the land-land space, the provisions of the Law of Costs will be included.

Article 110. Underground pass-through easement of gas facilities.

The gas pipeline pass easement will comprise:

(a) The occupation of the subsoil by channeling to the depth and with the other characteristics that points to the applicable technical and urban regulations.

(b) The establishment of the elements of protection, control, communication and ancillary devices necessary for gas transmission and distribution facilities.

(c) The right of access to, or access to, the establishment, monitoring, conservation and repair of gas transmission and distribution facilities and their necessary ancillary facilities.

d) The temporary occupation of land or other goods, if any, necessary for the purposes indicated.

Article 111. Security conditions.

The conditions and limitations to be imposed in each case for safety reasons shall be applied in accordance with the applicable Regulations and technical standards.

Article 112. Civil relations.

1. The easement of the passage of transport and distribution of natural gas by channeling does not prevent the owner of the predium from making or building on it, leaving to the same servitude, provided that it is authorized by the Administration (a) to take account of the rules in force on security matters. The owner may also request the change of layout of the pipeline, if there are no technical difficulties, running at his expense the costs of the variation, including the damages caused.

2. It is understood that the easement has been respected when the fence, plantation or building constructed by the owner does not affect the content of the same and the security of the installation, persons and goods according to the present Royal Decree.

3. In the strip defined by the trench where the gas pipes are housed, increased in the minimum safety distances, on both sides of the same, the planting of trees and the construction of industrial buildings and installations

Article 113. Limitations to the constitution of pass-through easement.

The easement of passage for the transportation and distribution of natural gas facilities by channeling, whenever possible and in accordance with the provisions of the sectoral legislation on public goods and services, tend to avoid the condition of any particular type of property, when the following conditions are met:

(a) That the gas pipeline may be installed on land of public domain or service or patrimonial of the State, Autonomous Community, provinces or municipalities.

b) That the variation of the layout is not greater in length to 10 per 100 of the gas pipeline portion affected by the variation that the project says elapses on the applicant's property.

c) That the variation is technically possible.

The indicated technical possibility will be appreciated by the body that deals with the file, prior to the report of the administrations or public bodies to which the goods that are affected by the variant, and, where appropriate, with an audience of the particular owners concerned.

In any case, the variant shall be considered to be ineligible where the cost of the variant is 10 per 100 to the budget of the gas pipeline part affected by the variant.

CHAPTER VI

Reviews and inspections

Article 114. Periodic reviews.

1. The facilities for storage, regasification, transport and distribution of natural gas referred to in Article 67, as well as their ancillary facilities, for which the entry into service of the installation shall be reviewed in the form and periodicity to be determined by the legislation in force in each case.

Article 115. Inspections.

1. It is the role of the National Energy Commission to inspect at the request of the General Administration of the State or the Autonomous Communities competent, or ex officio, the technical conditions of the facilities and the fulfilment of the requirements established in the facility authorisations, the continuity and quality of the service, as well as the effective separation of activities where required.

2. If, as a result of the inspections carried out, an irregularity is revealed which requires the intervention of the public authorities, the National Energy Commission, where appropriate, or the body of the competent administration of the Autonomous Community shall bring it to the attention of the holder of the installation together with the motion for a resolution and the time limits for correcting the irregularity.

3. The National Energy Commission shall, where appropriate, agree to the initiation of the sanctioning files and shall carry out the instruction thereof, where they are within the competence of the General Administration of the State, and shall inform, when required for this, those sanctioning files initiated by the various public administrations.

TITLE V

Administrative Records

CHAPTER I

General provisions

Article 116. Administrative records.

1. The Administrative Registry of Gas Carrier Facilities and the Administrative Registry of Distributors, Marketers and Qualified Consumers of gaseous fuels by pipeline regulated in Articles 71 and 83.5 of the Law 34/1998 of the Hydrocarbons Sector shall be governed by the provisions of this Title in respect of its organization and operation.

2. The management of the records referred to in the previous paragraph shall correspond to the Directorate-General for Energy Policy and Mines of the Ministry of Economy.

3. The entries made in the Administrative Records of the Ministry of Economy, which are regulated in this Royal Decree, will not bear the collection of fees.

Article 117. Processing of data.

1. The processing of personal data entered in the registers covered by this Title shall be subject to the provisions of the Organic Law 15/1999 of 13 December on the protection of personal data.

2. Subjects required to communicate data to these records shall be responsible for the veracity and actuality of the data they provide.

3. Access to the data may take place, by request, in which the data for which access is concerned are identified, without its generic application being admissible.

4. The National Energy Commission, and the System Technical Manager shall have access to the information contained in the Registers referred to in this Title, as well as the Autonomous Communities.

5. Persons who, in the exercise of their duties, have access to data in these Registers shall be obliged to keep secret in respect of such data.

Article 118. Cancellation of registrations.

The cancellation of the registrations in the registers referred to in this Title shall take place at the request of the person concerned or on his own initiative in the cases of termination of the activity, revocation by the competent body of the authorization that served as the basis for enrollment.

To proceed to the cancellation of the registration fee, the instruction of the corresponding file with the interested party will be required.

CHAPTER II

Gas Carrier Facilities Administrative Registry

Article 119. Gas Carrier Facilities Administrative Registry.

1. All transportation, storage and regasification facilities that have been authorized must be registered in the Administrative Registry of Gas Carrier Facilities.

Registration on this register will be a necessary condition for the installation to be included in the remuneration scheme.

2. This Record is structured in the following Sections:

(a) First section: plants for receiving, storing and regasification of liquefied natural gas and liquefaction plants.

b) Section 2: Primary transport pipelines.

c) Section 3: Secondary transport pipelines.

d) Section 4: Natural gas underground storage.

3. The registration requirements and procedures in this Register are those set out in this Royal Decree.

Article 120. Application for registration in the Administrative Registry of Gas Carrier Facilities.

1. The application for registration in the Administrative Registry of Gas Carrier Facilities shall be addressed to the Directorate-General for Energy Policy and Mines of the Ministry of Economy, or to the competent body in the field of the Community. Autonomous, depending on which body is competent to grant administrative authorization.

In the event that the application for registration has been addressed to the competent authority of the Autonomous Community where the facilities are located, it will transfer to the General Directorate of Energy Policy and Mines within the deadline. of one month of the application for registration, as well as of the accompanying documentation.

2. The application for registration shall be accompanied by at least the following documentation:

(a) Identification data of the owner of the installation, including, where applicable, the registration in the Commercial Registry and in the Register of Industrial Activities concerned.

b) Accreditation of the installation entitlement.

c) Administrative authorization of the facilities.

c) Summary of the main features of the installation.

(d) The entry into service of the facilities.

3. The formalisation of the registration, in which the identification number in the register will be recorded, shall be notified to the person concerned by the Directorate-General for Energy Policy and Mines and the corresponding Autonomous Community in the event that the application registration would have been presented in the same.

Article 121. Section 1: plants for the reception, storage and regasification of natural gas and natural gas liquefaction plants.

1. The First section of the Administrative Registry of Gas Carrier Facilities shall include all the plants for the reception, storage and regasification of natural gas that can supply the gas system and the liquefaction plants. of natural gas that can be supplied.

2. All installations relating to a plant for the reception, storage and regasification of natural gas or liquefaction shall constitute a single register, containing at least the following data: discharge capacity, capacity of storage broken down by storage tank, emission capacity with indication of pressures, and capacities relative to other key elements of the plant.

3. Any modification of the constituent elements of the plant shall be entered in the register in addition to the data recorded on that installation.

Article 122. Section 2: Primary Transport pipelines.

1. The following facilities will be included in Section II of the Administrative Registry of Gas Carrier Facilities:

(a) Transport pipelines whose maximum design pressure is equal to or greater than 60 bar, indicating their auxiliary and complementary facilities.

(b) Basic network connection pipelines with natural gas fields inside or with storage, the maximum design pressure of which is equal to or greater than 60 bar, with an indication of its auxiliary facilities and complementary.

(c) International connection pipelines of the Spanish gas system with other systems or with offshore fields, the maximum design pressure of which is equal to or greater than 60 bar, with an indication of its auxiliary facilities; and complementary.

d) Regulation and Measure stations and measuring stations with maximum input pressure of 60 bar or more.

e) Compression stations included in primary transport pipelines.

2. Each of the above facilities shall have a registration number, and any modification thereof, shall be entered as such, in addition to the data recorded on that main installation.

Article 123. Section 3: Secondary transport pipelines.

1. The following facilities will be included in the Third Section of the Administrative Registry of Gas Carrier Facilities:

(a) Transport pipelines whose maximum design pressure is between 60 and 16 bar, indicating their auxiliary and complementary facilities.

(b) Basic network connection pipelines with natural gas fields inside or with storage, the maximum design pressure of which is between 60 and 16 bar, with indication of their auxiliary facilities and complementary.

(c) International connection pipelines of the Spanish gas system with other systems or with offshore fields, the maximum design pressure of which is between 60 and 16 bar, with an indication of their auxiliary facilities and complementary.

d) Regulation and Measurement Stations and Measurement Stations with maximum input pressure between 60 and 16 bar.

e) Compression stations included in secondary transport pipelines.

2. Each of the above facilities shall have a registration number, and any modification thereof shall be entered as such, in addition to the data recorded on that main installation.

Article 124. Section 4: Natural gas underground storage.

1. The fourth section of the Administrative Registry of Gas Carrier Facilities will include all natural gas underground storage that can be supplied by the gas system.

2. All facilities relating to storage including facilities for connection with the basic network shall constitute a single register, containing at least the following data: total storage capacity, useful gas and injection/extraction capabilities.

3. Any modification of the constituent elements of the storage shall be entered in the register in addition to the data recorded on that installation.

Article 125. Updating data.

1. Any modification of the data contained in the Register on the identification of the installation, its holder or the conditions of the installation shall be communicated by the person concerned within the maximum period of one month after the date of the entry into the register. produces. These amendments include changes in the name or social reason of the holder, mergers, removals or divisions of companies which affect the ownership of the premises, as well as the substantial extension thereof.

2. Annually, in the first quarter of each year, the Directorate General for Energy Policy and Mines, will communicate to the holders of the transport facilities registered in the Register, the registration data corresponding to its facilities, with the purpose of confirming the accuracy of the same, or indicating, in a reasoned manner, the modifications to be made.

CHAPTER III

Administrative Registry of Distributors, Marketers, and Qualified Consumers of Gaseous Fuels by Pipeline

Article 126. Structure of the Administrative Registry of Distributors, Marketers and Qualified Consumers of gaseous fuels by pipeline.

1. They must be registered in the Administrative Registry of Distributors, Dealers and Qualified Consumers of gaseous fuels by channeling, all those, according to the provisions of Law 34/1998, of 7 October, of the Sector of Hydrocarbons, have the status of distributors, and marketers, as well as qualified consumers who intend to access transportation and distribution facilities to consume gas for their own consumption.

2. This Record is structured in the following three sections:

(a) Section 1: Distributor companies.

b) Section 2: Marketing companies.

c) Section 3: Qualified consumers.

3. The requirements and procedure for registration in each of the above mentioned Sections are those set out in this Royal Decree.

Article 127. Section 1: Distribution companies.

1. Distributors must register in the first section: distribution companies, the Administrative Registry of Distributors, Dealers and Qualified Consumers of gaseous fuels by pipeline.

2. The application for registration in the first section of this Register shall be addressed to the competent bodies of the Autonomous Communities which have granted the corresponding administrative authorization, which shall be transferred to the General Directorate of Energy Policy and Mines within a maximum of one month of the application for registration, as well as the accompanying documentation.

3. The application for registration shall be accompanied by at least the following documentation:

(a) Writing of the constitution of the company duly registered in the Register.

(b) Administrative authorizations for the exercise of the activity granted by the competent administration, with indication of the geographical areas of supply.

4. A single registration will be made by a distribution company, in which the different geographical areas in which the distribution is carried out will be included.

5. The formalization of the registration in which the identification number in the Register will be recorded, shall be notified to the interested party and to the competent authority of the corresponding Autonomous Community, by the General Directorate of Energy Policy and Mines.

Article 128. Section 2: Marketing companies.

1. The marketing companies must register in the second section: marketing companies, the administrative register of distributors, marketers and qualified consumers.

2. The application for registration in Section 2 of this Register shall be addressed to the competent authority to grant the administrative authorization for the marketing year. In the event that such an organ is from an Autonomous Community, it shall transfer the application and the documentation accompanying it within the maximum period of one month to the Directorate-General for Energy Policy and Mines of the Ministry of Economy.

In the event that the authorization corresponds to the General Directorate of Energy Policy and Mines of the Ministry of Economy, the Ministry of Economy will proceed to the registration of trade in the Registry.

2. The application for registration shall be accompanied by the authorisation to carry out the activity issued by the competent authority.

3. The formalization of the registration, in which the identification number in the Register will be recorded, will be notified to the interested party and to the Autonomous Communities where the company is authorized to carry out the activity, by the Directorate General of Energy Policy and Mines.

Article 129. Section 3: Qualified consumers.

1. Qualified consumers who intend to access the transport and distribution facilities to drive gas for their own consumption must register in the third section: qualified consumers, from the Administrative Register of Distributors, Marketers and Qualified Consumers.

2. The application for registration shall be addressed to the competent authority of the Autonomous Community where the supply or installation point for which the qualified consumer intends to exercise such a condition is located. The Autonomous Community shall, within a maximum period of one month, transfer to the Directorate-General for Energy Policy and Mines of the Ministry of Economy the application submitted and the documentation accompanying it.

3. The application for registration shall be accompanied, at least, by the information on the identification data of the qualified consumer and the accreditation of the ownership of the supply points or facilities to be supplied.

4. The notification of the registration shall be made by the Directorate-General for Energy Policy and Mines to the interested party and the Autonomous Community.

Article 130. Updating data.

1. Any modification of the data contained in the Register of qualified distributors, marketers and consumers, on the identification of the company or consumer, of the facilities of which the holder is, areas of distribution in his/her case, or any other relevant data of those appearing in the register, must be communicated by the person concerned within the maximum period of one month after the date of the registration. These amendments include changes in the name or social reason of the holder, mergers, removals or divisions of companies which affect the ownership of the premises, as well as the substantial extension thereof.

2. Annually, in the first quarter of each year, the Directorate-General for Energy Policy and Mines will communicate to the distribution companies registered in the First Section of the Register of distributors, marketers and qualified consumers, the registration data for its distribution areas listed in the register, in order to confirm the accuracy of the data, or to indicate, in a reasoned manner, the modifications to be made.

Article 131. Identification number in the record.

Distribution companies, marketing companies and qualified consumers who are not directly supplied through an authorized marketer will record in the documents in which they are formalized. transactions for the purchase or sale of natural gas or access to gas installations, the identification number assigned to them in the Administrative Registry of Distributors, Dealers and Consumers Qualified.

ADDITIONAL PROVISIONS

First. Amendment of Article 5.1 of Royal Decree 949/2001 of 3 August, which regulates third-party access to gas installations and establishes an integrated economic system for the natural gas sector.

Article 5.1 of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system for the natural gas sector, is amended. following wording:

" 1. Subjects wishing to exercise the right of access to regasification plants and storage plants shall submit a formal request for the reservation of capacity to the holders of such facilities with an indication of the timetable and programme of usage.

The subjects with the right of access who wish to exercise the same to the transport and distribution facilities must submit a formal request for reservation of capacity to the operators of the facilities to which they are connected the points of entry of natural gas to the transport and distribution system, with an indication of the points of departure of the natural gas, as well as the planned timetable of use.

When the request for access is incomplete or incorrectly formulated, the owner of the installation shall return it to the applicant within three working days, indicating the data to be completed or subsated. The applicant shall have six working days to complete or correct such data, with the initial date of the application remaining, for the purposes of access priority. After this period has not been completed or all the data is subsated, the initial application shall not be considered valid, and a new application must be made.

In cases where the application involves simultaneous access to different facilities of the same holder, their processing may be combined.

The National Energy Commission will develop standard models of formal request for access to the facilities of the gas system that will propose to the General Directorate of Energy Policy and Mines for approval or modification. Such models shall indicate the necessary data to be provided by the access applicant, depending on the type of installation.

Holders of the facilities shall have at the disposal of the subjects with the right of access the model of formal request for access.

Access requests, for the liberalised market, will be resolved based on the chronological order of receipt of the formal request.

The holder of the gas installations shall record with acknowledgement of receipt the requests for access presented to him.

Access requests will be submitted by the installation holder to the National Energy Commission, who will keep updated lists where the access applicants and the order of priority will appear. same. "

Second. New wording of Article 6 (3), (4), (5) and (6) of Royal Decree 949/2001 of 3 August, governing the access of third parties to gas installations and establishing an integrated economic system for the natural gas sector.

The wording of Article 6 (3), (4), (5) and (6) of Royal Decree 949/2001 of 3 August, governing the access of third parties to gas installations and establishing an integrated economic system, is hereby replaced. natural gas sector, passing the current paragraphs 6 and 7 to paragraphs 7 and 8.

" 3. The operators shall be obliged to meet requests for capacity reductions, provided that they are requested three months in advance and are produced one year after the initial capacity reserve has been made and that they have been used. cash of the same or, where appropriate, of having carried out any modification on the same. When the cause of the request for capacity reduction is the loss of customers in favor of other marketers, only the communication with one month in advance will suffice.

4. In order to ensure the use of the reserved capacity and irrespective of the payment of the corresponding tolls, the applicants must, in favour of the holder of the installation, constitute a security for which the amount shall be twelve months after the fixed term of the corresponding toll (Tfr in case of regasification, Tfe in case of transport and distribution and Tf in the case of storage) applied to 85 percent of the contracted capacities. Such security shall be returned to the applicant after one year from the start of the supply, except as provided for in paragraph 4 of this paragraph.

Bail will be lodged at the time of signature of the corresponding access contract.

Bail may be constituted by any of the following means:

a) Aval lent by some of the Banks, Savings Banks, Credit Union, Credit Establishment, Mutual Guarantee Company, authorized to operate in Spain.

(b) By means of a security contract concluded with an insurance undertaking authorised to operate in the course of security.

If six months after the date provided for in the contract for the commencement of the supply or, where applicable, since any modification of the contracted capacity has been made, the capacity actually used is less than 80 percent of the one set in the contract, the contracted capacities will be automatically decreased in the unused percentage, losing the applicant the corresponding part of the bond constituted according to the paragraphs above.

The amount that the owner of the facility enters as a result of the execution of the deposit shall be considered as a liquidable income.

5. Whenever the System Technical Manager observes that there is or may be, in relation to contracts or capacity-booking situations, continued underutilisation of the reserved capacity, and the maintenance of the reserved capacity may be cause of refusal of access, due to lack of available capacity, to other subjects who have requested it, will reduce the reserved capacity in the underused party, with the loss, if any, of the bail in the proportional part.

All this is without prejudice, where appropriate, to the analysis of that situation in accordance with the law of the defence of competition.

In the event of disconformity, the subject whose reserved capacity may be reduced may pose a conflict with the National Energy Commission within one month from the day following the day of notification of the Decision of the System Technical Manager to reduce capacity. The time limit for resolving and notifying the decision shall be three months, after which the claim shall be deemed to be dismissed.

6. The contracting of access to the facilities for regasification, storage and entry to the transport and distribution system may be carried out in the short or long term, with the understanding of short-term contracts for those whose duration is less than two years and in the long term the duration of two years or more.

Carrier companies will use at least 25 percent of the total capacity of their regasification, storage and entry facilities to the transportation system and for less than two years. distribution. Each marketer shall not be able to access more than 50% of the capacities for this purpose. These percentages may be reviewed by the Ministry of Economy in line with market developments.

Applications for access to regasification, storage and entry facilities to the transport and distribution system for the purpose of short-term capacity procurement may not be made at an early date. exceeding 12 months of the start date indicated for the start of the requested services.

The holders of the regasification, storage and transport facilities will publish on a quarterly basis the contracted capacity, available and planned extensions at each of their facilities, distinguishing the capacity assigned to international transits, the assigned to regulated market and the contracted capacity in the liberalised market. In addition, for each of these segments, a distinction shall be made between the capacity allocated to access contracts of a duration greater than or equal to two years and the access contracts of less than two years. The National Energy Commission will develop the standard models for the publication of the contracted and available capacity, as well as the methodology for its determination, which will propose to the Directorate General for Energy Policy and Mines for its approval or modification.

Contracts of less than two years ' duration may not be extended in any case.

Contracts of a duration equal to or greater than two years may include the carry-over scheme that the parties freely agree with, with the sole limitation, as to the period of notice for the exercise of the carry-overs, which may not be exceed six months. "

Third. Amendment of Article 7.4 of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system for the natural gas sector.

Article 7.4 of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system of the natural gas sector, is amended. as follows:

" In case of disagreement with the application of the standard models, either party may conflict with the National Energy Commission, who will decide in accordance with the provisions of the Section 3.^a of Chapter II of the Regulation of the National Energy Commission approved by Royal Decree 1339/1999 of 31 July. "

Fourth. New wording of Article 8 of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system for the natural gas sector.

The wording of Article 8 (a) of Royal Decree 949/2001 of 3 August is replaced by the following:

" a) The lack of available capacity during the contractual period proposed by the contractor.

For the application of this assumption the following criteria must be taken into account:

1. Whenever the applicant has the capacity to enter the system sufficient to meet the new supply, access to the transport and distribution system may not be refused for lack of capacity when referring to an existing supply that is consumed by natural gas in the quantities requested.

2. In the case of system access facilities: regasification plants and international pipelines, the owner of the corresponding installation, before denying the access request, must communicate to all subject to which the possibility of a change in the capacity of the contracted capacity in the current contracts to cover the requested capacity is subject to the contract of access in force. Such modification shall under no circumstances entail any costs or penalties that may be incurred by the contracts for the reduction of access to the system.

In any case, before you deny the access capacity, the installation owner will ask the System Technical Manager for access to the system through another input installation, which in Case of existence shall be communicated to the applicant.

3. The refusal of access shall be justified by giving priority to access to capacity reserves relating to supplies of natural gas to consumers who are supplied under firm tariffs. "

Fifth. New wording of Article 31 of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system for the natural gas sector.

The wording of the first subparagraph of paragraph B (B) is replaced by the following: "Driving and distribution toll", of Article 31 of Royal Decree 949/2001 of 3 August, by the following:

" The term of driving of the toll of transport and distribution shall be invoiced by the distribution company owner of the facilities where the point of delivery of the natural gas to the final consumer is located, to the subject with access contract. In the event that the point of delivery to the final consumer is directly connected to a carrier's premises, the driving term shall be invoiced by the carrier. '

Sixth. Amendment of Article 15.2 of Royal Decree 1339/1999 of 31 July approving the Regulation of the National Energy Commission.

Article 15.2 of Royal Decree 1339/1999, of 31 July, which is approved by the Rules of Procedure of the National Energy Commission, is amended as follows:

" The applicant may raise written notice of disconformity to the National Energy Commission within one month from the day following that in which access is to be deemed to be denied. Where the refusal of access has been made expressly, the period of the month shall be computed from the day following that in which the refusal was notified to it.

The deadline to resolve and notify will be three months, after which the request for access will be understood. "

Seventh. Amendment of Article 16.4 of Royal Decree 1339/1999 of 31 July approving the Regulation of the National Energy Commission.

Article 16.4 of Royal Decree 1339/1999, of 31 July, which is approved by the Rules of Procedure of the National Energy Commission, is amended as follows:

" The National Energy Commission will decide on the conflicts raised within the maximum period of three months.

The National Energy Commission shall communicate the resolutions it adopts in the conflicts referred to in this article to the Ministry of Economy, as well as to the Autonomous Communities that are affected by them. "

Eighth. New additional provision to Royal Decree 1339/1999 of 31 July approving the Regulation of the National Energy Commission.

An additional new provision is introduced to Royal Decree 1339/1999 of 31 July, approving the Regulation of the National Energy Commission, which is worded as follows:

" ADDITIONAL DISPOSITION

Fifth. Conflict procedures.

The deadline for urging all kinds of conflicts to the National Energy Commission will be one month. The deadline for resolving and notifying shall be three months, after which the claims of the applicant shall be deemed to be dismissed. '

TRANSIENT PROVISIONS

First. Adequacy of supply contracts.

The terms of the supply contracts at the rate that are regulated in this Royal Decree will apply to contracts that are signed or renewed as of the entry into force of this Royal Decree. These conditions will automatically be incorporated into existing contracts or credit policies.

Second. Accreditation of legal, technical and economic requirements for transport and distribution activities.

For the purposes of Articles 5 and 9 of this Royal Decree, the requirements of legal, technical and economic capacity shall be deemed to be accredited for those entities of Spanish nationality or any other State. Member of the European Union with permanent establishment in Spain who at the time of the entry into force of this Royal Decree have administrative authorization for the transport or distribution facilities and review the form Legal requirement of Law 34/1998 and the present Royal Decree for the financial year corresponding to each activity.

Third. Marketing activity.

The marketing companies that have been authorized and registered in the Second Section of the Registry of Distributors, Traders and Qualified Consumers, of the Ministry of Economy, will have a period of six months to submit the application for authorisation of the activity and final registration in the Register.

To do so, you must present the documentation set out in Article 16 of this Royal Decree.

After the period of six months without the application being submitted, the provisional authorisation shall be without effect.

Fourth. Registration in the Administrative Registry of Gas Carrier Facilities.

Companies which, at the entry into force of this Royal Decree, are holders of transport, storage and regasification facilities, must be registered in the Administrative Register of Installations of Gas Carriers, within a period not exceeding three months after the entry into force of this Royal Decree.

Fifth. Registration in the Administrative Registry of Distributors, Marketers and Qualified Consumers of gaseous fuels by pipeline.

1. The companies that at the entry into force of this Royal Decree are exercising the activity of distribution must proceed to their registration in the First Section of the Administrative Registry of Distributors, Traders and Consumers Qualified, of gaseous fuels by pipeline, within a period not exceeding three months from the entry into force of this Royal Decree.

2. The qualified consumers who, at the entry into force of this Royal Decree, are exercising such a condition, and are not supplied with an authorized marketer, must proceed to their registration in the Third Section of the Administrative Registry Distributors, Traders and Qualified Consumers, of gaseous fuels by pipeline, within a period not exceeding three months from the entry into force of this Royal Decree.

Sixth. Files on processing.

The files on the matters governed by this Royal Decree, initiated prior to the entry into force of this Royal Decree, will continue their processing according to the procedures provided for in this Royal Decree, unless expressed by the parties concerned, in which case the rules in force shall apply at the time the file is processed.

Seventh. Rights of connection.

To the rights of connection corresponding to the requests made prior to the entry into force of this Royal Decree will apply to them the budgets made by the distribution companies, provided that they do not exceed the corresponding amounts by applying the provisions of this Royal Decree, in which case the provisions of this Royal Decree shall apply to them.

Eighth. Point of consumption information system.

The distribution companies will have three months from the entry into force of this Royal Decree to establish the information system of the points of consumption connected to their facilities established in the Article 43 of this Royal Decree.

In addition, they will have to send to the Directorate General of Energy Policy and Mines a summary of the system established with indication of the main characteristics of the system and the means of communication between the different subjects interested.

Ninth. Definition of the affected.

The affected areas included in projects for the authorization of distribution facilities and in the annual plans for the extension of the distribution network presented in the competent administration, prior to the entry into force of this Royal Decree, in which the measures defined in Article 24 of this Royal Decree have been included, and have not been constructed, will have for all effects the consideration of the affected ones regardless of the provisions of the Article 24 (2).

10th. Capacity reductions and bail.

1. In order to avoid the existence of idle capacities in the gas system, the maintenance of which would have the effect of restricting effective competition in the gas system, the holders of capacity reserves, within the following three months on the date of entry into force of this Royal Decree, they may make requests for capacity reduction, both in volume and in time, without the need to comply with the requirements referred to in Article 6.3 of Royal Decree 949/2001, 3 August.

2. These capacity reductions will not entail any costs for the applicants, and should be presented by a market analysis to justify them. These market analyses will be referred to the System Technical Manager.

3. Without prejudice to the provisions of the fourth additional provision of this Royal Decree, the capacity for access to the system to be released shall preferably be used to cover requests for access which meet both conditions. following:

(a) To ensure the continuity of the existing and actually used access contracts which are due to expire before 31 December 2004.

b) That the access petitioner does not have, at the expiration of such contracts, another path of access to the Spanish system that permits the continuity of such supplies.

4. The contracts concluded before the entry into force of this Royal Decree will apply to them the provisions of Royal Decree 949/2001 of 3 August, in the wording given to it by this Royal Decree, and in particular the provided for in Article 6.4, the corresponding security being lodged within the first four months of the year 2003.

Those who have reduced capacity in accordance with paragraphs 1 and 2 above shall only be required to provide bail in relation to the non-reduced capacity portion.

REPEAL PROVISION

Unica. Regulatory repeal.

Decree 2913/1973, of 26 October, is repealed, approving the General Regulation of the Public Service of Fuel Gas, in the aspects regulated by this Royal Decree, remaining in force in all contemplated in this Royal Decree.

Also, any other provision of equal or lower rank is hereby repealed in so far as this Royal Decree is opposed.

FINAL PROVISIONS

First. Basic character.

1. This Royal Decree is of a basic nature, in accordance with the provisions of Article 149.1.13.^a and 25.^a of the Constitution.

2. References to administrative procedures, which shall be regulated by the competent authority, shall be excluded from the basic character, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the legal system of administrations Public and the Common Administrative Procedure. Chapters II, III and IV of Title IV shall apply only to the General Administration of the State.

3. The articles of this Royal Decree relating to the easements of compulsory expropriation are given in the exercise of the powers conferred on the State in Article 149.1.8.^a and 18.^a of the Constitution.

Second. Regulatory development.

The Minister of Economy is hereby authorized to make any provisions necessary for the development and enforcement of the provisions of this Royal Decree.

Third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on December 27, 2002.

JOHN CARLOS R.

The Second Vice President of the Government for Economic Affairs and Minister of Economy,

RODRIGO DE RATO Y FIGAREDO

ANNEX I

Rights to be affected

1. Supplies connected to pressure networks of less than or equal to 4 bar:

(a) The applicant for the connection shall pay the distribution company the amount resulting from the following formula:

Amount (Euro) = 86.79 × (L-6)

being L the length of the rush in meters.

In case of negative amounts the amount will be zero.

For these purposes, the natural or legal person requesting the connection shall be considered to be the applicant without necessarily having to contract the new supply or extension.

(b) The contractor of a new supply or consumption point, or of the extension of an existing one, must pay the distribution company, at the time of the contract, the amount collected in the following table on the basis of the fee or toll contracted.

Rate or Toll Group

Annual Consumption in kWh/year	Euros per Contractor
3.1	Less than or equal to 5,000	87.56
3.2	Greater than 5,000 and less than or equal to 15,000	3.2
	3.2	3.2	201,29
3.3	Greater than 50,000 and less than or equal to 100,000	402.58
3.4	Greater 100,000	Ders_table_body"> 402.58

In case of extension of a supply the amount to be paid will be the difference between the one corresponding to the new supply and the one paid for the previously contracted.

2. Supplies contracted at pressure above 4 bar.

For the purposes of connection to pressure networks exceeding 4 bar, the distribution or carrier undertaking shall draw up the corresponding economic budget sufficiently broken down and shall inform the applicant thereof. time limits laid down in Article 25, indicating the time limit for implementation and the general conditions.

In the event of a discrepancy, the applicant may raise a reasoned submission to the competent authority of the Autonomous Community which shall decide within 20 days.

3. Each year, the Minister for Economic Affairs, after the necessary formalities and reports, will proceed to the update, of the amounts established in this article, by applying the following update parameter:

Update parameter = 0.75 x IPH.

Where IPH = (IPCj + IPR j) /2.

IPCj: Forecast of the consumption price index variation for year j.

IPRj: Forecast of industrial price index variation for year j.

This update will be included in the corresponding Natural Gas Rate Order.

ANNEX II

Contract for gas supply at rates

Contract Number:

Supply Point Number:

Type of Gas:

Location:

Date:

The consumer .................., with national identity card/tax identification code: .......................... contracts with the company ..................................... the supply of gas in the home located on the street ..........................., number ............, ladder ............, floor ........, door ........., locality ................., province ................, telephone .....................

On your behalf, D. ........................................... older, with national identity document ..........................., neighbor of ........................., with domicile in .......................

Forcing both to comply with the general, special and application conditions that bind to this policy, all in accordance with the current regulatory requirements.

SPECIFIC CONDITIONS OF THIS CONTRACT

Installation

The installation for this supply is made up of the elements listed in the Gas Facility Certificate, the copy of which is attached and which forms the body with this contract.

Installer Enterprise:

Counters:

Situation:

□ on battery.

□ in housing.

□ in relano.

Capacity: .......... m³/h.

Property:

□ Enterprise (on lease to the user).

q User.

Provisioning Hours: Permanent Regime.

Contract Duration: The duration of the supply contracts at tariff will be annual and will be tacitly extended for equal periods. Notwithstanding the foregoing, the consumer may be discharged in the supply before that period, provided that he is informed by the distributor at least six working days before the date of his or her discharge. supply, without prejudice to the economic conditions resulting from the application of the current tariff rules.

Characteristics of the contracted service: The pressure at the point of connection with the general network of the Company, as well as the calorific value of the gas, will be adapted at all times to the provisions of the current regulations.

Warranty Pressure is from: ........................................................................................

Rates that apply: The fee will be applied ........................................................ of the officially approved.

Payment Form:

Banking Domicile.

□ In credit institutions.

□ Other.

Billing Period:

□ Monthly.

□ Bimonthly.

□ Others.

Reading Period:

□ Monthly.

□ Bimonthly.

□ Others.

The user: The company

GENERAL CHARACTER CONDITIONS

Faculty to choose rate and modify the rate:

The consumer will be able to choose the rate, depending on the pressure of the network to which he is connected, the billing method or the form of credit that he considers more convenient within those established by the dealer and approved administratively.

You may also modify the applicable tariff, by communicating it to the distributor, provided that twelve months have not elapsed since the last modification or when changes in the tariff structure have occurred.

Maintenance of installations:

It is up to the user to keep the receiving facility, including the consumer devices, in perfect condition, as well as to make appropriate use of it, making those improvements or modifications of the Installation that are regulated to be determined.

The user will need to perform the mandatory revisions of the facilities with the periodicity and scope to be established by the relevant legislation.

The owner or who represents the community will be responsible for the preservation of the building's common facilities.

The distributor shall be responsible for the preservation of the facilities of the distribution network up to the home key of the building, including this.

Measurement Equipment:

A measurement team will be installed at each point of supply. The maintenance and periodic checks established shall be the responsibility of the owner of the measuring equipment.

It may be installed, after agreement between customer and distributor, operating counters for coins, cards or other payment and control systems, which will conform to the ordinary tariff structure or to which it is regulated. is set for this type of provisioning.

Verification of measurement equipment:

Both the user and the distribution company may request verification of the measurement equipment, using the services of an accredited laboratory.

The costs incurred by the verification and verification of the counter shall be borne by the applicant in the event that the performance of the counter is correct, and by the owner of the equipment if not.

Supplied gas characteristics:

The distributor is obliged to maintain the supply pressure and the calorific value within the values set out in regulation. In addition, it must ensure that the gas supplied has a characteristic odour by adding odorising compounds in the required proportion when necessary.

Discounts on billing for supply disruptions:

1. When supply interruptions are produced, the supplier company will apply a 10% reduction in the monthly invoices for the subscribers concerned for each of the two interruptions recorded at a point of supply in the month, provided none of them exceed five hours.

2. If the duration of those service interruptions is greater than five hours and less than one day, for the purpose of calculating the applicable discount, each supply interruption shall be computed as two interruptions. If the interruption lasts for one or more days, three interrupts per day of interrupted supply will be computed. However, the discount may not exceed 50 percent of the amount of the invoice.

3. The payment of the amounts due shall be made in the following two months.

4. When the supply disruption is due to causes of force majeure or scheduled maintenance of the facilities, the reductions in the monthly billing of the customers at the rate will not be applied.

5. All of the above shall apply without prejudice to the civil liability which may result from damage caused as a result of the interruption of supply.

6. All of the above shall not apply to supply contracts which are considered to be interruptible.

7. Any other type of discount which the distributor applies to a consumer of similar characteristics shall apply to the supplies covered by this contract.

Transfer or lease of contract:

The user will be able to transfer the contract from a point of supply, as long as it is communicated to the distribution company and the payment stream is found.

In cases where the effective user of the service is a person other than the holder listed in the contract, he may ask for the change to his name of the existing contract, after having been accredited with a fair degree and is in the payment stream.

Additional clauses:

The additional or special clauses which may be inserted in the contract shall not in any way contain provisions contrary to existing legislation or prices higher than those of the rates authorized and put into effect with general character.

Increased provisioning capacity:

In the case that the user needs to consume a quantity of gas higher than the initially contracted, he must first communicate it to the distributor in order for it to proceed to the replacement of the counter if the new consumption is outside the measure range of the installed equipment.

Suspension of supply:

The distribution company may suspend the supply to its users in the following cases:

a) When derivations are established to supply gas to an unanticipated installation in the contract.

(b) Where the receiving facilities or gas-consuming appliances do not have the necessary authorisations.

c) When the measurement or control equipment is manipulated or its correct operation is avoided.

d) For poor conservation of facilities, where this poses a danger to the safety of persons or property.

e) When the user does not allow the company's authorized personnel to enter the premises or housing to affect the service contracted in business hours or normal relationship with the outside to inspect the facilities or perform counter reading.

f) By default in accordance with the following paragraphs:

In all cases, the suspension of the supply will be carried out by the distribution company, who will communicate it to the user with a minimum advance of six working days. Such communication shall include the date of suspension of supply and the cause of the supply. The user may, within a maximum of five days, have recourse to the competent authority, which shall decide on the suspension within a maximum of 20 days, the appeal being dismissed if there is no express decision. If the user makes use of the suspension of supply, he must send a copy of the appeal lodged to the distribution company, which may not suspend the supply until there has been a decision by the administration or Twenty days elapsed from the interposition of the resource.

In the event of a suspension of supply for poor maintenance of the facilities, where this poses a danger to the safety of persons or property, the suspension shall be carried out immediately by the distribution company, the provisions of the above paragraph are not applicable.

For the duration of the supply suspension, the fixed term of the tariff will not continue to be invoiced.

Suspension of supply at default rate:

The distribution company may suspend the supply when at least two months have elapsed since the payment was required for the payment, without the payment having been made effective. For these purposes, the order shall be made by reference to the address which, for the purposes of the communication, is included in the contract for the supply of the tariff, by any means which would permit the person concerned to receive a record of the receipt. representative, as well as the date, identity and content of the same, leaving the distribution company obliged to retain in its possession the accreditation of the notification made. In the case of rejection of the notification, the circumstances of the notification attempt shall be specified and the procedure shall be carried out. Such communication shall include the process of interruption of the supply by default, specifying the date from which it shall be interrupted, if the amounts due are not paid on an earlier date.

To suspend the default supply, the distribution company will not be able to indicate as a day for the interruption a public holiday nor those that, for whatever reason, there is no customer service commercial as a technician for the purpose of replenishment of supply, nor on the eve of those days in which any of these circumstances arise.

The suspension of the supply shall be limited to no more than 48 hours following the date of the payment of the amount due, interest which has become due in accordance with the foregoing and the the amount authorised in connection with the reconnection of the supply, except in cases where the period involving the termination of the contract has elapsed.

Temporary supply suspension for technical reasons:

Distributors will be required to maintain the service permanently to consumers connected to their network, except in cases covered by existing legislation. However, you may temporarily interrupt the provisioning if any of the following circumstances are present:

d) For security reasons.

e) Because of force majeure.

f) To perform maintenance, repair, replacement, or expansion of gas installations.

Except as a matter of urgency, the distributor must inform the users concerned and the traders to whom he provides his service in advance of the intention to interrupt the the supply and date of the interruption. This information shall include the cause of the interruption and the expected date for the resumption of the supply.

In all cases, the distributor must communicate to the affected users and marketers the resumption of the supply, using the most appropriate means.

Disconnect and reconnect expenses:

The costs arising from the suspension of the supply will be on behalf of the distribution company and the reconnection of the supply, in the event of a justified and imputable cut to the consumer, will be on behalf of the consumer, who must pay an amount equal to twice the rate of payment entitlements in force as compensation for the disconnection costs.

Claims and Jurisdiction:

The claims, doubts and interpretations of the conditions of supply and how much is related to this contract will be resolved by the competent authority in the field of energy of the Autonomous Community where the supply.

Regardless of the above, it is up to the Courts of Justice, at the request of the interested party, to intervene in all matters within its jurisdiction.

Both Contracting Parties submit to the jurisdiction and jurisdiction of the Courts and Courts that correspond to the place where the supply is made.

Contract Service Features:

If it is necessary to modify the reference value of the Superior Calorific Power (PCS), the change may be made prior to the authorization of the competent administrative body. In either case, the modifications to be made will not cost the user.

Conditions not provided for in this contract:

As not provided for in the above conditions, the provisions of the Royal Decree governing the activities of transport, distribution, marketing, supplies and procedures for the authorisation of natural gas installations, as well as the provisions of the relevant legislation in force at any time.